Rhode Island Probate Court

Probate involves the legal process of administering a decedent’s estate after validating the deceased’s will. All debts must be paid, and the remaining assets divided among heirs or beneficiaries. In Rhode Island, petitioners may file probate matters in the appropriate local town or city probate courts. They may also contact the Superior Court, as the court has jurisdiction over such issues.

How the Probate Process Works in Rhode Island

In Rhode Island, the probate process begins when an individual named in the will or an interested party files a petition with the Probate Court in the city or town where the decedent lived. The court determines the validity of the will and officially appoints an executor or administrator. If there is no will, the probate process will be guided by the state intestacy laws. The executor must notify the heirs and creditors, take an inventory of assets, settle debts and taxes, and distribute the remaining assets to beneficiaries.

Generally, the probate process in Rhode Island may take nine months to one year, depending on the complexity of the probate case.

What Are the Costs of Probate in Rhode Island?

Generally, in Rhode Island, probate costs include court filing fees, executor fees, attorney fees, and other charges like advertising fees. The filing fees vary by municipality but are typically calculated as 1% of the estate value plus a maximum of $1,500. Executors are entitled to a reasonable compensation between 3% and 5% of the estate value. Coupled with the attorney fees, other costs may include charges for publications, appraisal services, tax preparation costs, and copy fees.

Types of Probate Cases in Rhode Island

In Rhode Island, the following are common types of probate cases:

• Testate Probate: When the decedent left a valid will to distribute the assets to the beneficiaries.
• Intestate Probate: Where there is no will and assets are distributed under state intestacy law.
• Informal Administration: This process is used for estates with assets valued under $15,000.
• Formal Probate: Here, the probate case is arranged before the judge at a Probate Court.

Rhode Island Probate Court Forms and Filing Instructions

The public may obtain probate forms electronically from the Rhode Island Judiciary website. Alternatively, they may visit the clerk’s office at the local city and town probate courts for forms and filing instructions.

How Rhode Island Probate Courts Work at the County Level

In Rhode Island, probate affairs are not organized by county; instead, each city and town runs its Probate Court. The courts operate under uniform state laws but with their unique local rules and procedures.

Here is an overview of the state’s five counties and their largest municipalities with active probate matters:

• Providence County (Providence, Cranston, Pawtucket, Woonsocket) – Lots of probate cases are handled in this county.
• Kent County (Warwick, West Warwick, Coventry) – Here, Probate Courts deal with probate-related matters.
• Washington County (South Kingstown, North Kingstown, Narragansett) – Local probate courts handle various forms of probate cases
• Newport County (Newport, Middletown, Portsmouth) – Has jurisdiction over probate matters in various towns and cities in the county.
• Bristol County (Bristol, Warren, Barrington) – Hear all matters concerning estates, name changes, and guardianships in Bristol County.

How to Search Probate Records in Rhode Island

Individuals may use the Rhode Island Judiciary Public Portal to view and obtain copies of probate records in the state. Record seekers may also visit the Judicial Records Center or the local probate court clerk’s offices to request probate records. They must pay a specific fee to obtain copies of the probate documents. The public can also access probate records through the Rhode Island State Archives.