Rhode Island Probate Information
Quick facts
| Topic | Rhode Island rule |
|---|---|
| Filing office | Rhode Island probate is municipal. Each of the 39 cities and towns has its own probate court, and the clerk of the probate court is the town clerk or city clerk unless a law or charter provides otherwise (R.I. Gen. Laws 8-9-6; 8-9-9). |
| Court structure | The state has five counties but no county government and no county probate court. County names matter for the Superior Court appeal venue and for the County of line on the statewide petition forms. |
| Venue | File in the probate court of the city or town where the decedent was an inhabitant or resident at death. A nonresident decedent who left Rhode Island property may be handled in the city or town where that property is, and the first Rhode Island probate or grant bars any other (R.I. Gen. Laws 8-9-11; 8-9-9). |
| Available paths | Voluntary informal administration, voluntary informal executor, full administration with a will, full administration without a will, ancillary administration, and filing a will with no probate where there are no probate assets. |
| Small estate | The voluntary informal route under R.I. Gen. Laws 33-24 uses a $15,000 limit in force since July 2005, counts personal property only, excludes tangible personal property, bars any real estate, and requires 30 days from death. The intestate voluntary administrator must be a Rhode Island resident (R.I. Gen. Laws 33-24-1). A named executor or named alternate in a will may use the voluntary executor route from out of state if a resident agent is appointed (R.I. Gen. Laws 33-24-2). |
| Opening cost | For a petition to probate a will or grant administration, Rhode Island charges one percent of the decedent's personal property, with a $30 floor and a $1,500 ceiling, paid before filing on the petitioner's estimate and revised later with a further payment or rebate (R.I. Gen. Laws 33-22-21). Cities and towns add records and advertising charges under R.I. Gen. Laws 33-22-11 and 33-22-25. |
| Bond and surety | The probate court sets a bond at appointment (R.I. Gen. Laws 8-9-9). No surety is required of an intestate administrator who is the surviving spouse or sole heir, or of an heir-at-law who satisfies the court, though the court may require surety where circumstances warrant (R.I. Gen. Laws 33-17-1.2). A will's exemption from bond or surety exempts only the surety (R.I. Gen. Laws 33-17-4). |
| Authority document | The court grants letters testamentary or letters of administration, and the probate clerk issues a certificate of appointment for $5 (R.I. Gen. Laws 33-22-21). The voluntary informal route under R.I. Gen. Laws 33-24 issues a certification of appointment instead. |
| Will delivery | A person holding a will must deliver it into the probate court, or to the named executors, within 30 days after notice of the testator's death; named executors then have 30 days from receipt to deliver it into court (R.I. Gen. Laws 33-7-5). |
| Notice and claims | Notice is mailed at least 10 days before hearing, and newspaper advertising runs once a week for two weeks with the first advertisement at least fourteen days before hearing unless notice is waived (R.I. Gen. Laws 33-22-3; 33-22-11; 33-22-5). A creditor has six months from the first publication to present claims or be forever barred (R.I. Gen. Laws 33-11-5). |
| Inventory | The executor or administrator files a sworn inventory of personal property within 90 days of appointment, with an appraisement as of the date of death; real estate is excluded from the inventory (R.I. Gen. Laws 33-9-1). |
| Estate tax | Rhode Island has an estate tax. For deaths in 2026, the credit is $87,940 and the exempt amount is $1,838,056, published by the Division of Taxation in ADV 2025-27 under R.I. Gen. Laws 44-22-1.1. Form RI-706 and any tax are due within nine months of death (R.I. Gen. Laws 44-23-1; 44-23-16). |
| Inheritance tax | Rhode Island has an estate tax but no inheritance tax. Beneficiaries do not pay a Rhode Island tax on what they inherit; the tax, if any, is paid by the estate before distribution (R.I. Gen. Laws 44-22). |
| Real estate lien | An automatic statutory lien attaches to Rhode Island real property and certain Rhode Island securities. Form T-77 clears real property and Form T-79 clears securities; the lien ends ten years after death (R.I. Gen. Laws 44-23-12; 44-23-38). |
| Appeal | An aggrieved person appeals to the Superior Court. File the claim of appeal with the probate clerk within 20 days after execution of the decree, then file the certified claim and reasons in the Superior Court within 30 days after entry. Both deadlines are jurisdictional and the appeal is de novo (R.I. Gen. Laws 33-23-1). The Superior Court has four divisions, with Providence and Bristol counties served together. |
| Forms | Probate forms are statewide PC-series forms prescribed under R.I. Gen. Laws 33-22-16 and published free by the Secretary of State at sos.ri.gov. |
| Electronic filing | Rhode Island probate is a paper filing. Petitions must be in writing and signed, original wills must reach the court, fees are paid before filing, and none of the city and town probate pages checked in September 2026 offered electronic filing (R.I. Gen. Laws 33-22-1; 33-7-5; 33-22-21). |
| Case lookup | There is no statewide index of Rhode Island probate cases. The Judiciary Public Portal covers the Supreme, Superior, Family, District and Workers' Compensation Courts and the Traffic Tribunal, not the municipal probate courts. Probate records are kept by the town or city clerk (R.I. Gen. Laws 8-9-7). |
Before you begin — know the assets and liabilities
Start a Rhode Island estate settlement by identifying the assets, debts, heirs and beneficiaries before choosing forms. Rhode Island makes that unusually important: the opening probate fee is one percent of the decedent's personal property and is computed from the estimate you put on the petition, then revised against the inventory (R.I. Gen. Laws 33-22-21; 33-9-1). The voluntary informal route under R.I. Gen. Laws 33-24 also depends on a valuation that excludes tangible personal property, so the first decision is not simply whether the estate feels small.
Sunset's 2,300-institution asset discovery helps families build the asset picture that drives the Rhode Island filing fee, the 90-day inventory and the estate settlement path. Use that list before you file, because an understated estimate can become a later bill when the inventory is filed and the one percent fee is recalculated (R.I. Gen. Laws 33-22-21).
Which court handles probate
Rhode Island probate is organized by city and town, not by county. Every one of the state's 39 cities and towns runs its own probate court, and each court has general probate jurisdiction in the town or city where it is established (R.I. Gen. Laws 8-9-9). The town clerk or city clerk is the clerk of the probate court unless a law or charter provides otherwise (R.I. Gen. Laws 8-9-6). The judge of probate is elected by the city or town council and must be admitted to practice before the Rhode Island supreme court and engaged in the active practice of law in this state (R.I. Gen. Laws 8-9-4; 8-9-2.1).
Rhode Island has five counties, but those counties do not run probate. County names have two live probate roles. First, an appeal from a probate decree goes to the Superior Court for the county in which the probate court is established, and the Superior Court sits in four divisions statewide with Providence and Bristol counties served together (R.I. Gen. Laws 33-23-1). Second, the statewide petition forms include a County of line above the city or town probate court caption.
File where the decedent lived. The probate court of the city or town in which the decedent was an inhabitant or resident at death takes the probate of the will and grants administration, and no other Rhode Island probate court has jurisdiction over that resident estate (R.I. Gen. Laws 8-9-11; 8-9-9). If the decedent was not a Rhode Island resident but left rights, credits or real or personal estate in Rhode Island, the probate court of the city or town where that property is may act, and the first Rhode Island probate or grant of administration bars any other even if property exists in more than one municipality (R.I. Gen. Laws 8-9-11). Once jurisdiction based on residence has been assumed, it can be contested only in the original case, on appeal, or where lack of jurisdiction appears on the record (R.I. Gen. Laws 8-9-9).
The probate process
- Build the asset, debt, heir and beneficiary list first. Rhode Island requires the petition to state the decedent's domicile and, as far as known, the names and addresses of the surviving spouse and heirs at law; a will petition also identifies beneficiaries (R.I. Gen. Laws 33-22-2). The asset list also drives the one percent opening fee and the 90-day inventory (R.I. Gen. Laws 33-22-21; 33-9-1).
- Choose the path. Use voluntary informal administration or voluntary executor only if the estate fits R.I. Gen. Laws 33-24: $15,000 or less in counted personal property, tangible personal property excluded, no real estate, 30 days from death, and the residency rules in 33-24-1 and 33-24-2. Otherwise use full administration, with or without a will, or ancillary administration for a nonresident decedent with Rhode Island property (R.I. Gen. Laws 8-9-11).
- If there is a will, deliver it into the probate court that has jurisdiction, or to the named executors, within 30 days after notice of the testator's death. Named executors who receive the will have 30 days of their own to deliver it into court (R.I. Gen. Laws 33-7-5).
- Get the statewide PC-series probate forms. Rhode Island probate forms are prescribed under R.I. Gen. Laws 33-22-16 and published free by the Secretary of State. Common opening forms include PC-1.1 for administration without a will under R.I. Gen. Laws 33-8-8, PC-1.5 for probate of a will, PC-1.9 for voluntary executor under 33-24-2, PC-1.10 for voluntary administrator under 33-24-1, PC-1.3 for ancillary administration and PC-1.6 for a foreign will.
- File the petition in writing and signed with the town or city clerk of the municipality where the decedent lived, or where a nonresident decedent's Rhode Island property is located (R.I. Gen. Laws 33-22-1; 8-9-6; 8-9-11). Pay the opening fee before filing. The fee is one percent of the decedent's personal property, with a $30 floor and a $1,500 ceiling, based on your own estimate and later revised by further payment or rebate (R.I. Gen. Laws 33-22-21).
- Give notice. At least 10 days before the hearing, mail notice of the filing, nature of the petition and time and place of hearing, then file an affidavit of mailing (R.I. Gen. Laws 33-22-3). If notice must be advertised, the newspaper advertisement runs once a week for two weeks and the first advertisement must be at least fourteen days before hearing; the advertising cost is paid to the clerk in advance (R.I. Gen. Laws 33-22-11).
- Use waivers where appropriate. If all interested parties waive notice in writing and assent to action on the petition, the court may hear the matter without publication or further notice, which can remove the advertising cost (R.I. Gen. Laws 33-22-5; 33-22-15). Forms PC-9.1 and PC-10.10 are the statewide waiver forms under R.I. Gen. Laws 33-22.
- Attend the probate court session shown on the clerk's receipt or later written notice. The clerk must note the hearing date and time on the receipt whenever possible, or provide written notice as soon as practicable (R.I. Gen. Laws 33-22-21). Local administrative rules state when each court is in session and must be posted in the probate clerk's office (R.I. Gen. Laws 33-22-29).
- After appointment, take the bond and request certificates of appointment. The probate court sets a bond and decides surety under R.I. Gen. Laws chapter 33-17. The certificate of appointment costs $5 and is the document banks and transfer agents usually ask for (R.I. Gen. Laws 33-22-21).
- Notify creditors. Known or reasonably ascertainable creditors must receive notice of the commencement of probate, and where the decedent was 55 or older the personal representative must give notice to the state's executive office of health and human services (R.I. Gen. Laws 33-11-5.1). Sending the notice of commencement at least 60 days before the six-month claims period ends is deemed adequate for late-claim purposes (R.I. Gen. Laws 33-11-5(b)). The form is PC-9.9.
- File the sworn inventory within 90 days of appointment unless the court allows more time. The inventory covers personal property, both tangible and intangible, claims, rights, causes of action and other assets, with an appraisement as of the date of death, but not real estate (R.I. Gen. Laws 33-9-1). This is also when the one percent fee is recomputed under R.I. Gen. Laws 33-22-21.
- Run the claims period. A creditor must present a written claim by filing it with the probate clerk and mailing or delivering a copy to the personal representative. Claims are barred after six months from the first publication unless the probate court permits a claim out of time before distribution (R.I. Gen. Laws 33-11-4; 33-11-5).
- Handle the Rhode Island estate tax. Form RI-706 and any tax are due within nine months of the date of death (R.I. Gen. Laws 44-23-1; 44-23-16). If the decedent owned Rhode Island real property, file Form T-77 to clear the statutory lien on real property; use Form T-79 for Rhode Island securities. A non-taxable estate may still need Form RI-706 to obtain the Division of Taxation's Notice of No Tax Due for probate court purposes (R.I. Gen. Laws 44-23-12; 44-23-36).
- Close the estate. File a final account, or file PC-7.3 Affidavit - Complete Administration if you are the sole beneficiary or have a release from every beneficiary, with evidence that the funeral bill, filed claims and estate tax position have been satisfied (R.I. Gen. Laws 33-14-1; 33-22-21; 44-23-36).
Types of probate
| Path | When it applies | What you file | Cite |
|---|---|---|---|
| Voluntary informal administration | The decedent was a Rhode Island resident, died without a will, left no real estate, and the counted personal estate is $15,000 or less. R.I. Gen. Laws 33-24-1 excludes tangible personal property, requires 30 days from death, bars the route if a petition for letters testamentary or letters of administration is already filed, and requires the affiant to be a Rhode Island resident. | PC-1.10 Petition for Voluntary Informal Administrator, death certificate and sworn statement. The filing is $30 and the certification of appointment is $5 under R.I. Gen. Laws 33-22-21 and 33-24-1. No hearing is required unless the probate judge requires one. | R.I. Gen. Laws 33-24-1 |
| Voluntary informal executor | The same $15,000 counted-property limit, tangible personal property exclusion, 30-day wait and no-real-estate rule, but the decedent left a will naming an executor. The named executor and any named alternate need not be Rhode Island residents; a later fallback family member or other interested party must be a Rhode Island resident. | PC-1.9 Petition for Voluntary Informal Executor, the original will, and PC-3.5 Appointment of Agent if the executor lives outside Rhode Island. The $30 filing and $5 certification are set by R.I. Gen. Laws 33-22-21 and 33-24-2. | R.I. Gen. Laws 33-24-2 |
| Full administration with a will | An estate with a will that does not fit the voluntary informal limits, and every estate with a will that includes real estate. | PC-1.5 Petition for Probate of Will, the original will, notice or waivers, bond, certificates of appointment, inventory within 90 days, claims administration, estate tax clearance and a final account or affidavit of complete administration. | R.I. Gen. Laws 8-9-9; 33-9-1; 33-14-1 |
| Full administration without a will | An intestate estate that does not fit the voluntary informal limits, and every intestate estate with real estate. Administration goes first to the surviving spouse or one or more next of kin, or to them jointly, if suitable and competent. | PC-1.1 Administration Petition, which cites 33-8-8 on its face and includes the personal estate estimated field, followed by notice, bond, inventory, claims, estate tax clearance and closing. | R.I. Gen. Laws 33-8-8; 8-9-9 |
| Ancillary administration | The decedent was not a Rhode Island resident but left property in Rhode Island, or a will already proved elsewhere needs Rhode Island effect. For a nonresident, the first Rhode Island probate or grant bars any other. | PC-1.3 Ancillary Petition or PC-1.6 Foreign Will. A foreign fiduciary's petition to transfer or sell Rhode Island property is priced at the same one percent, $30 floor and $1,500 ceiling under R.I. Gen. Laws 33-22-21. | R.I. Gen. Laws 8-9-11; 33-22-21 |
| Filing a will with no probate | There are no probate assets, but the will should be placed on the permanent record. This appoints nobody and gives no authority over any asset. | PC-1.4 Petition to File Will with No Assets, a $30 filing under R.I. Gen. Laws 33-22-21. A nominated fiduciary may also deposit the will with the affidavit and receipt process described in 33-7-5. | R.I. Gen. Laws 33-22-21; 33-7-5 |
| Reopening for newly discovered assets | After a final account or affidavit of completed administration, newly discovered assets total $5,000 or less. This is not an opening path and not the small-estate threshold under R.I. Gen. Laws 33-24. | PC-1.11 Affidavit of Newly Discovered Assets $5000 or Less and Statement of Proposed Distribution, PC-1.13 Affidavit Complete Distribution $5000 or Less, and PC-1.14 Objection to Reopening Estate. If nobody objects within 30 days, the fiduciary may distribute; if there is an objection, the court sets a hearing within 30 days. | R.I. Gen. Laws 33-14-13 |
Executor duties
Executor duties in Rhode Island
| Duty | Rhode Island rule |
|---|---|
| Qualify and take the bond | The probate court sets the bond at appointment (R.I. Gen. Laws 8-9-9). Surety is governed by R.I. Gen. Laws chapter 33-17, including 33-17-1.2 and 33-17-4. |
| Get certificates | Ask the probate clerk for certificates of appointment. Each certificate of appointment costs $5 under R.I. Gen. Laws 33-22-21, and institutions commonly ask for one before releasing an asset. |
| Give notice and manage waivers | Mail required hearing notice at least 10 days before the hearing, advertise when required, or collect written waivers from all interested parties (R.I. Gen. Laws 33-22-3; 33-22-11; 33-22-5; 33-22-15). |
| Notify creditors and the state agency | Take reasonable steps so known or reasonably ascertainable creditors receive notice of the estate. If the decedent was 55 or older, also give notice to the state's executive office of health and human services (R.I. Gen. Laws 33-11-5.1). Sending the notice of commencement at least 60 days before the claims period ends is deemed adequate for late-claim purposes (R.I. Gen. Laws 33-11-5(b)). |
| File the inventory | Within 90 days of appointment, file a sworn inventory of the decedent's personal property and other non-real-estate assets, with an appraisement as of death (R.I. Gen. Laws 33-9-1). This is where the opening one percent fee is recalculated under R.I. Gen. Laws 33-22-21. |
| Pay claims in order | In an insufficient estate, pay the statutory classes in order. After administration charges and family set-offs, necessary funeral charges and last-sickness expenses come before ordinary debts (R.I. Gen. Laws 33-12-11). |
| Resolve the estate tax | File Form RI-706 when needed, clear the statutory lien on Rhode Island real property with Form T-77 and obtain the Division of Taxation's Notice of No Tax Due for probate court purposes where appropriate. The probate court cannot allow the final account until the estate tax has been paid, extended or determined not to apply (R.I. Gen. Laws 44-23-12; 44-23-36). |
| Account and support the accounting | At the end of administration, file an account or, where available, PC-7.3 Affidavit - Complete Administration (R.I. Gen. Laws 33-14-1; 33-22-21). A fiduciary who is not represented by an attorney, or whose attorney declines to certify, must submit copies of the front sides of checks and other supporting documents unless the court waives it (R.I. Gen. Laws 33-14-2). |
| Compensation | Rhode Island sets no statutory percentage schedule; compensation is what the probate court considers just (R.I. Gen. Laws 33-14-8). |
Forms and documents
Probate forms in Rhode Island
Rhode Island probate forms are statewide. A legislative commission prescribes them and the Department of State publishes them free to the public, to lawyers and to probate clerks because the statute requires it (R.I. Gen. Laws 33-22-16). They are numbered in the PC series and downloadable at www.sos.ri.gov/divisions/business-services/probate-forms/, and all 39 probate courts use the same set. A probate court may require parties to use them.
The online catalogue listed 62 form PDFs in September 2026. It also states that several forms are not available online and must be obtained from the probate court. The online catalogue lists PC-10.4 Supplemental Inventory but no base inventory form, so ask the probate clerk for the court-issued inventory form (R.I. Gen. Laws 33-22-16; 33-9-1).
| Form | What it is | When you use it |
|---|---|---|
| PC-1.1 Administration Petition | The opening petition for an intestate estate, marked Rev. 03/21, with the personal estate estimated field and a surviving spouse and heirs at law table. | Opening an estate without a will under R.I. Gen. Laws 33-8-8. |
| PC-1.5 Petition for Probate of Will | The opening petition for a testate estate. | Opening an estate with a will. |
| PC-1.9 Petition for Voluntary Informal Executor | The small-estate route where a will names an executor. | R.I. Gen. Laws 33-24-2. |
| PC-1.10 Petition for Voluntary Informal Administrator | The small-estate route where there is no will. | R.I. Gen. Laws 33-24-1. |
| PC-1.3 Ancillary Petition and PC-1.6 Foreign Will | Nonresident decedent and foreign will forms. | R.I. Gen. Laws 8-9-11. |
| PC-1.4 Petition to File Will with No Assets | Places a will on the permanent record without appointing anyone. | A $30 filing under R.I. Gen. Laws 33-22-21. |
| PC-3.1A and PC-3.1B | Universal Appointment Bond Corporate Surety Exempted, and Universal Appointment Bond with Corporate Surety. | Bond practice under R.I. Gen. Laws chapter 33-17. |
| PC-3.5 Appointment of Agent | The resident agent form for an out-of-state fiduciary. | R.I. Gen. Laws 33-24-2. |
| PC-4.1 and PC-4.2 | Sale of Personal Estate, and Petition for the Sale or Mortgage of Real Estate. | Asking the probate court for leave to sell property (R.I. Gen. Laws 8-9-9). |
| PC-7.1, PC-7.2 and PC-7.3 | The Account, Certification of Accounting, and Affidavit - Complete Administration. | Accounting and closing under R.I. Gen. Laws 33-14-1 and 33-22-21. |
| PC-9.1 and PC-10.10 | Waiver or Advertising, and General Waiver. | Waiving notice or advertising under R.I. Gen. Laws 33-22-5, 33-22-11 and 33-22-15. |
| PC-9.3 Claim of Appeal | The probate appeal form. | The 20-day claim of appeal filed with the probate clerk (R.I. Gen. Laws 33-23-1). |
| PC-9.9 Notice of Commencement of Probate | The creditor notice form. | Known-creditor notice under R.I. Gen. Laws 33-11-5.1. |
| PC-10.6 and PC-10.13 | Certificate of Devise or Descent, and Affidavit of Real Property. | Real property title work. |
| PC-1.11, PC-1.13 and PC-1.14 | Newly discovered assets and objection forms for assets totaling $5,000 or less. | Reopening a closed estate under R.I. Gen. Laws 33-14-13, not the 33-24 small-estate route. |
Fees
Rhode Island sets probate fees by statute and the same schedule applies in all 39 cities and towns. For a petition to probate a will or to grant administration, the fee is one percent of the decedent's personal property over which the court has jurisdiction, with a floor of $30 and a ceiling of $1,500 (R.I. Gen. Laws 33-22-21), figures set by statute and unchanged since at least 1996. Two things about that fee surprise people. First, it is due before the petition is filed and it is calculated from an estimate you supply on the petition itself, so the amount you pay at the counter is provisional: the statute requires the fee to be revised when the estimate turns out to be wrong, with a further payment or a rebate made promptly, and the court recomputes it against the inventory you file within 90 days of your appointment (R.I. Gen. Laws 33-9-1).
Second, the statutory fee is not the whole cost. Most petitions have to be advertised in a newspaper once a week for two weeks, with the first advertisement at least fourteen days before the hearing, and the cost of that advertising is paid to the clerk in advance (R.I. Gen. Laws 33-22-11). Cities and towns also add their own records charges and may take probate fees into the municipal treasury (R.I. Gen. Laws 33-22-25). In the municipal schedules checked in September 2026, the records charge was four dollars and the advertising charge ran from $25 to $130 depending on the petition. If every interested party signs a waiver, the advertising requirement and its cost can fall away (R.I. Gen. Laws 33-22-5; 33-22-15).
A separate $30 fee applies to a list of other filings, including filing a will with no probate, an affidavit of complete administration and a petition to file a claim out of time; each certificate of appointment costs $5; and copies of documents on file are $1.50 a page with $3.00 to certify (R.I. Gen. Laws 33-22-21). A special session to hear a contested matter carries no additional court fee (R.I. Gen. Laws 33-22-30). No probate fees are charged in a guardianship estate where the guardian is appointed to receive United States veterans administration benefits; that is a guardianship rule, not a general decedent-estate waiver (R.I. Gen. Laws 33-22-22).
Timeline
- Will delivery. A person holding a will has 30 days after notice of the testator's death to deliver it into the probate court or to the named executors; named executors then have 30 days from receipt to deliver it into court (R.I. Gen. Laws 33-7-5).
- Opening priority and small-estate wait. If the decedent died intestate, the surviving spouse and next of kin have 30 days from death before the court may grant administration to another suitable person on petition (R.I. Gen. Laws 33-8-8). A voluntary informal filing also waits until 30 days from death and must fit R.I. Gen. Laws 33-24-1 or 33-24-2.
- Hearing notice. Mail notice at least 10 days before hearing, or three weeks if the address is outside the continental United States, and file the affidavit of mailing (R.I. Gen. Laws 33-22-3).
- Newspaper notice. Where advertisement is required, publish once a week for at least two weeks, with the first advertisement at least fourteen days before the first hearing date (R.I. Gen. Laws 33-22-11). Written waiver can remove publication and further notice when all interested parties assent (R.I. Gen. Laws 33-22-5; 33-22-15).
- Tax notice after letters. The probate clerk notifies the Division of Taxation within 30 days after letters testamentary or letters of administration are granted (R.I. Gen. Laws 44-23-6).
- Inventory. File the sworn inventory within 90 days after appointment, or within any longer period the probate court allows. The inventory covers personal property and other non-real-estate assets and includes an appraisement as of death (R.I. Gen. Laws 33-9-1).
- Claims period. A creditor has six months from the first publication to present claims, or the claim is forever barred unless the court allows a claim out of time before distribution (R.I. Gen. Laws 33-11-5). A claim is presented when filed with the probate clerk, with a copy delivered or mailed to the personal representative (R.I. Gen. Laws 33-11-4).
- Known-creditor notice. The personal representative gives known and reasonably ascertainable creditors notice of commencement, using PC-9.9 where appropriate (R.I. Gen. Laws 33-11-5.1). Notice sent at least 60 days before the six-month claims period ends is deemed adequate for the late-claim rule (R.I. Gen. Laws 33-11-5(b)).
- Spousal and family deadlines. Several spouse and family rights run from the first publication of the fiduciary's qualification, including the family allowance application and the surviving spouse's real estate and elective-share filings (R.I. Gen. Laws 33-10-3; 33-1-6; 33-25-4; 33-28-4).
- Estate tax. Form RI-706 and any tax are due within nine months of the date of death, not appointment. A six-month extension may be requested on Form RI-4768, but it does not stop interest or penalty (R.I. Gen. Laws 44-23-1; 44-23-16).
- Closing. At the end of administration, file an account or, if you are the sole beneficiary or hold releases from all beneficiaries, an affidavit of completed administration with the required evidence (R.I. Gen. Laws 33-14-1). The final account cannot be allowed until the estate tax has been paid, extended or determined not to apply (R.I. Gen. Laws 44-23-36).
- Appeal. File the claim of appeal with the probate clerk within 20 days after the probate judge executes the decree, then file the certified claim and reasons in the Superior Court within 30 days after entry. Both deadlines are jurisdictional, and the appeal is de novo (R.I. Gen. Laws 33-23-1).
- Records and liens. A recording of the hearing, if made, is kept for one year from the hearing date (R.I. Gen. Laws 8-9-7). The estate tax lien on real estate ends ten years after death (R.I. Gen. Laws 44-23-38).
State-specific considerations
California uses statewide Judicial Council forms (the DE-series). The same forms apply in all 58 counties, although counties may add local cover sheets. Los Angeles requires LASC PRO 010.
Rhode Island's main probate feature is that probate is municipal. The same town clerk or city clerk who clerks the probate court under R.I. Gen. Laws 8-9-6 is often also the officer whose land records note the estate tax lien under R.I. Gen. Laws 44-23-12. That makes the city or town office central to both probate records and real-property lien clearance.
Every probate court must promulgate local administrative rules that state the dates and times it is in session, docket procedures, special session scheduling and filing deadlines, and those rules must be posted in the probate clerk's office with copies available to interested parties (R.I. Gen. Laws 33-22-29). A probate court therefore sits on published days for a few hours a month; that is different from the clerk's counter hours. Uncontested matters are heard before contested matters, and a special session for a contested matter carries no additional court fee (R.I. Gen. Laws 33-22-30).
In a town whose town council sits as the probate court, a party to a contested matter may require that a member of the Rhode Island bar, appointed annually by the council, sit as judge to hear that matter, at no extra court fee (R.I. Gen. Laws 8-9-2.2; 8-9-2.3). More generally, the judge is elected by the city or town council and must be admitted to practice in Rhode Island and actively practicing law in the state (R.I. Gen. Laws 8-9-4; 8-9-2.1).
Rhode Island also has an unusually strict appeal clock. An aggrieved party has 20 days from execution of the decree to file the claim of appeal in the probate clerk's office, then 30 days from entry to file the certified claim and reasons in the Superior Court; both deadlines are jurisdictional and the appeal is de novo (R.I. Gen. Laws 33-23-1). A hearing is recorded only if a party or the judge asks, a transcript is not required to take an appeal, the appellant pays transcription costs if there is an appeal, and a recording is kept for one year (R.I. Gen. Laws 33-22-19.1; 8-9-7).
Small-estate alternatives
Rhode Island's small-estate route is called voluntary informal administration under R.I. Gen. Laws 33-24. It is narrower and wider than it looks. The limit is $15,000, in force since July 2005 (R.I. Gen. Laws 33-24-1; P.L. 2005, ch. 389), but it counts only personal property and excludes tangible personal property, so the car, furniture and household goods do not count toward the $15,000. Any real estate is an absolute bar, whatever it is worth, because the statute requires an estate consisting entirely of personal property (R.I. Gen. Laws 33-24-1).
For an intestate estate, the surviving spouse, listed relatives or another interested party may file after 30 days from death, but the person filing as voluntary administrator must be of full age, legally capable and a Rhode Island resident (R.I. Gen. Laws 33-24-1). The sworn statement lists the affiant, the decedent, the relationship, every solely titled asset known to the affiant with estimated value, the undertaking to administer according to law, and the names and addresses of persons who would take in intestacy under R.I. Gen. Laws 33-1-10.
For a testate estate, R.I. Gen. Laws 33-24-2 uses the same $15,000 limit, same tangible personal property exclusion, same 30-day wait and same no-real-estate rule, but the residency rule is different. The named executor and any alternate named in the will are free of the residency requirement; only the further fallback filer, meaning a family member or other interested party after the named executor and any named alternate decline or cannot serve, must be a Rhode Island resident. If the executor resides outside Rhode Island, the executor appoints a resident agent on PC-3.5 and files the original will with the statement (R.I. Gen. Laws 33-24-2).
The filing fee is $30 and the clerk issues a certification of appointment for a further $5 after the probate judge reviews it; no hearing is required unless the judge requires one (R.I. Gen. Laws 33-22-21; 33-24-1; 33-24-2). A bank or other payer that releases an asset against the certification, a written receipt and surrender of the passbook or instrument is discharged by statute (R.I. Gen. Laws 33-24-1). A voluntary administrator serves without a fee for his or her own services and is liable as an executor in his or her own wrong to anyone aggrieved by the administration (R.I. Gen. Laws 33-24-1).
Recent updates
| Change | What changed | Effective |
|---|---|---|
| Rhode Island estate tax filing fee eliminated | The $50 filing fee that had to accompany the Rhode Island estate tax statement no longer applies. For an estate whose decedent died on or after January 1, 2025, no fee is paid when filing the statement; for a death on or before December 31, 2024 the $50 charge applied (R.I. Gen. Laws 44-23-1). | January 1, 2025, by P.L. 2024, ch. 117, art. 6 |
| 2026 estate tax credit and threshold published | The Division of Taxation set the credit at $87,940 and the exempt amount at $1,838,056 for decedents dying on or after January 1, 2026, up from $1,802,431 for 2025. The credit is indexed annually to the consumer price index (R.I. Gen. Laws 44-22-1.1; ADV 2025-27). | Deaths on or after January 1, 2026, announced December 30, 2025 |
| Form RI-706 became the single estate tax return | All estates of decedents dying on or after January 1, 2015 use Form RI-706, taxable and non-taxable alike. The older split between taxable and non-taxable returns no longer applies (R.I. Gen. Laws 44-23). | January 1, 2022 |
Page last reviewed: September 2026.
Scenarios
| Situation | Rhode Island path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | How the deed is held decides whether the house is in the probate estate at all, so settle the title question first. If real estate is in the estate, the voluntary informal route under R.I. Gen. Laws 33-24 is barred because it is personal-property only. Spouse-specific rules may matter: the surviving spouse's life estate in real estate (R.I. Gen. Laws 33-1-5; 33-25-2), the discretionary real-estate set-off in an intestate estate (R.I. Gen. Laws 33-1-6), the intestate share of personal estate (R.I. Gen. Laws 33-1-10), family support allowance (R.I. Gen. Laws 33-10-3), and the elective share if there is a will (R.I. Gen. Laws 33-28-1; 33-28-4). The estate tax lien also attaches to Rhode Island real property owned at death and must be cleared for a sale (R.I. Gen. Laws 44-23-12). | Sunset helps identify accounts, debts and ownership clues so the spouse can decide whether full administration is needed, whether Form RI-706 and Form T-77 are part of the estate settlement, and what documents the probate clerk and title process will ask for. |
| Out-of-state adult child with a small estate | If the parent left a will naming the child as executor, the child may use voluntary informal executor under R.I. Gen. Laws 33-24-2 from out of state, after appointing a Rhode Island resident agent on PC-3.5 and filing the original will. If the parent died intestate, the child cannot be the voluntary administrator under R.I. Gen. Laws 33-24-1 unless the child is a Rhode Island resident, even if the estate is within the $15,000 counted-property limit. That is not the end of the case: full administration may still be available to suitable next of kin under R.I. Gen. Laws 33-8-8, with the inventory, claims period, estate tax position and closing requirements. | Sunset helps sort whether the assets fit the R.I. Gen. Laws 33-24 threshold, generate the correct packet for the will or no-will path, and connect an out-of-state fiduciary with local help when a resident agent, real estate or tax filing is involved. |
| Parent settling a predeceased child's estate, home must be sold | If the child left no children or descendants, Rhode Island intestacy sends real estate to the parents in equal shares or to the surviving parent, subject to any surviving spouse's rights (R.I. Gen. Laws 33-1-1; 33-1-5; 33-25-2). Because a house is real estate, the R.I. Gen. Laws 33-24 voluntary informal route is unavailable. The sale path usually requires full administration, court authority to sell using PC-4.2, notice or waiver, any sale bond, and clearing the estate tax lien with Form RI-706 and T-77 before title can close (R.I. Gen. Laws 8-9-9; 33-22-11; 44-23-12; 44-23-36). | Sunset helps find accounts, debts and property documents, build a probate packet for the correct city or town probate court, track the claims and tax gates, and connect the family to a vetted attorney for the sale petition and lien clearance. |
Self-help resources
| Resource | What it is | Where |
|---|---|---|
| Rhode Island probate forms, Department of State | The complete statewide PC-series probate form set, published free to the public because the statute requires it (R.I. Gen. Laws 33-22-16). The forms are grouped by administration and wills, guardianship and conservatorship, bonds, sale of personal and real estate, accounts and closing, and name change and adoption. The Department states that it does not advise on completing forms or court filings, and that several forms are not online and must be obtained from the probate court. | sos.ri.gov/divisions/business-services/probate-forms/ |
| Your city or town probate clerk | The probate clerk records and keeps every will, inventory, account and decree of that municipality's probate court, and those are public records (R.I. Gen. Laws 8-9-7). Every probate court must publish local administrative rules stating the dates and times it is in session, and those rules must be posted in the probate clerk's office with copies available to any interested party on request (R.I. Gen. Laws 33-22-29). Copies cost $1.50 a page with $3.00 to certify (R.I. Gen. Laws 33-22-21). | The town or city clerk's office in the municipality where the decedent lived |
| Rhode Island General Laws, full text | The General Assembly publishes the current text of every section, with amendment history. Title 33 is probate practice and procedure, title 8 chapter 8-9 establishes probate courts, and chapters 44-22 and 44-23 cover the estate tax. | webserver.rilegislature.gov/Statutes/TITLE33/INDEX.htm |
| Rhode Island Division of Taxation, Estate Tax section | The administering agency for the Rhode Island estate tax. Its estate tax page carries year-by-year thresholds, lien and discharge rules, return and extension forms and filing address, and it publishes an annual advisory setting the credit and threshold for the coming year. The Estate Tax Section answers questions by email at [email protected] and by phone at (401) 574-8829, option 8, Monday through Friday between 8:30 a.m. and 3:30 p.m. | tax.ri.gov/tax-sections/estate-tax |
| Rhode Island Superior Court | The court that hears appeals from the 39 municipal probate courts, de novo (R.I. Gen. Laws 33-23-1). It sits in four divisions statewide, with Providence and Bristol counties served together. Its own page confirms that it hears probate court appeals. | courts.ri.gov/Courts/SuperiorCourt/Pages/default.aspx |
| Rhode Island Judiciary, access to case information | Explains the Judiciary Public Portal and lists the courts whose case information it carries: the Supreme, Superior, Family, District and Workers' Compensation Courts and the Traffic Tribunal. The municipal probate courts are not among them, because they are not part of the Judiciary. | courts.ri.gov/Public-Resources/Pages/case-information.aspx |
| Rhode Island Legal Services | The state's civil legal aid provider, with an online application for help and a statewide intake line. Its published self-help topic list covers consumer, housing, family, benefits and elder-law subjects and does not include estate administration, so it is not a probate how-to source, but it is the entry point for low-income Rhode Islanders who need civil legal help. | helprilaw.org |
When to hire an attorney
The probate judge in every Rhode Island city and town must be admitted to practice before the Rhode Island supreme court and engaged in the active practice of law in this state (R.I. Gen. Laws 8-9-2.1). The statutory certification that accompanies an account has signature lines for the fiduciary and an attorney (R.I. Gen. Laws 33-14-2.2), and a fiduciary who is not represented by an attorney, or whose attorney declines to certify, must submit copies of the front sides of checks and other supporting documents unless the court waives it (R.I. Gen. Laws 33-14-2). Counsel is especially useful where the estate includes real estate, a contest, an estate tax filing, a sale petition or an out-of-state fiduciary. Sunset connects families to a vetted probate attorney.
How Sunset helps in Rhode Island
Find the accounts and assets. Sunset searches across financial institutions and organizes what is found so you can estimate the Rhode Island personal estate, choose the right R.I. Gen. Laws 33-24 or full administration path, and prepare for the 90-day inventory under R.I. Gen. Laws 33-9-1.
Generate the probate packet. Sunset helps assemble the Rhode Island estate settlement documents around the correct statewide PC-series forms, including the opening petition, waivers, creditor notice, certificate requests and closing checklist (R.I. Gen. Laws 33-22-16).
Find a local probate attorney. When real estate, a will dispute, an estate tax lien, an out-of-state fiduciary or a sale petition makes the case more complex, Sunset can connect the family with a vetted Rhode Island probate attorney.
Sunset is free for families. Sunset helps families organize estate settlement work, understand which Rhode Island court path they are facing, and move from asset discovery to filing without charging families for the service.
Frequently asked questions
Where do I file probate in Rhode Island?
File in the probate court of the city or town where the decedent was an inhabitant or resident at death (R.I. Gen. Laws 8-9-11; 8-9-9). Rhode Island has 39 municipal probate courts, one for each city or town, and the counties do not run probate.
How much does probate cost in Rhode Island?
For a petition to probate a will or grant administration, the statutory fee is one percent of the decedent's personal property, with a $30 floor and a $1,500 ceiling, paid before filing on the petitioner's estimate and later revised with a further payment or rebate (R.I. Gen. Laws 33-22-21). Cities and towns also add records charges and advertising charges; the municipal schedules checked in September 2026 showed a four-dollar records charge and advertising charges from $25 to $130 under R.I. Gen. Laws 33-22-11.
Does Rhode Island have an estate tax?
Yes. For a decedent dying in 2026, the Rhode Island estate tax credit is $87,940 and the exempt amount is $1,838,056, published by the Division of Taxation in ADV 2025-27 under the indexed-credit statute (R.I. Gen. Laws 44-22-1.1). Form RI-706 and any tax are due within nine months of death (R.I. Gen. Laws 44-23-1; 44-23-16).
Does Rhode Island have an inheritance tax?
Rhode Island has an estate tax but no inheritance tax. Beneficiaries do not pay a Rhode Island tax on what they inherit; the tax, if any, is paid by the estate before distribution (R.I. Gen. Laws 44-22).
Is there a small estate process in Rhode Island?
Yes. The voluntary informal route under R.I. Gen. Laws 33-24 applies only when the estate is personal property, counted assets are $15,000 or less, tangible personal property is excluded from the count, 30 days have passed since death, and no petition for letters is already on file. Any real estate prevents use of the route (R.I. Gen. Laws 33-24-1; 33-24-2).
Can I use the Rhode Island small estate process if I live out of state?
It depends on whether there is a will. A named executor, and any alternate named in the will, may use voluntary informal executor from out of state if a Rhode Island resident agent is appointed and the original will is filed (R.I. Gen. Laws 33-24-2). For the no-will voluntary administrator route, the person filing must be a Rhode Island resident (R.I. Gen. Laws 33-24-1). Full administration under R.I. Gen. Laws 33-8-8 does not use that same voluntary-informal residency rule.
How long does a creditor have to make a claim against a Rhode Island estate?
A creditor has six months from the first publication to present claims, or the claim is forever barred unless the probate court allows a claim out of time before distribution (R.I. Gen. Laws 33-11-5). A claim is presented by filing it with the probate clerk and mailing or delivering a copy to the personal representative (R.I. Gen. Laws 33-11-4).
When is the inventory due in a Rhode Island probate?
The executor or administrator must file a sworn inventory within 90 days after appointment, unless the probate court allows a longer period. The inventory covers personal property and other non-real-estate assets, with an appraisement as of the date of death (R.I. Gen. Laws 33-9-1).
Can I file a Rhode Island probate case online?
Rhode Island probate is a paper filing. Petitions are in writing and signed, original wills must reach the court, the fee is paid before filing, and the clerk issues a written receipt with the hearing date when possible (R.I. Gen. Laws 33-22-1; 33-7-5; 33-22-21). Plan on filing in person or by mail with the town or city clerk.
Can I look up a Rhode Island probate case online?
There is no statewide index of Rhode Island probate cases. The Judiciary Public Portal covers the state Judiciary's courts, including the Superior Court, and not municipal probate courts. Probate records are kept by the town or city clerk and are public records (R.I. Gen. Laws 8-9-7). A small number of cities and towns publish their own online probate search or estate index, but the reliable route is the probate clerk for the city or town where the estate was opened.
How do I appeal a Rhode Island probate court decision?
An aggrieved person files a claim of appeal with the probate clerk within 20 days after the probate judge executes the decree, then files the certified claim and reasons in the Superior Court within 30 days after entry. Both deadlines are jurisdictional and cannot be extended, and the appeal is heard de novo (R.I. Gen. Laws 33-23-1). The form is PC-9.3 Claim of Appeal.
Do I need a lawyer for probate in Rhode Island?
The probate judge in every city and town must be a Rhode Island attorney in active practice (R.I. Gen. Laws 8-9-2.1). The statutory account certification has signature lines for the fiduciary and an attorney (R.I. Gen. Laws 33-14-2.2), and a fiduciary who is not represented, or whose attorney declines to certify, must submit copies of the front sides of checks and other supporting documents unless the court waives it (R.I. Gen. Laws 33-14-2). Counsel is especially useful for real estate, contests, estate tax filings, sale petitions and out-of-state fiduciaries.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.