Overview
Rhode Island has not adopted the Uniform Probate Code (UPC), maintaining its own probate statutes under Rhode Island General Laws, Title 33. Rhode Island has a unique court structure: probate is handled at the municipal level, meaning each of the state's 39 cities and towns has its own probate court.
Rhode Island offers two main probate tracks:
- Summary Probate — for estates with personal property valued at $15,000 or less and no real estate, providing a faster, less formal process
- Full Probate Administration — standard court-supervised proceedings for larger estates
A significant consideration for Rhode Island estates is the state's estate tax, which applies to estates exceeding approximately $1,802,431 (2025 threshold, adjusted annually for inflation). Rhode Island's estate tax rates range up to 16%, making it one of the states with a lower exemption threshold.
Rhode Island does not impose an inheritance tax — the estate tax is assessed against the estate, not individual beneficiaries.
When Probate is Required
Probate is required in Rhode Island when a decedent owned assets in their sole name that do not transfer automatically at death. Common examples include:
- Real property titled solely in the decedent's name or as tenants in common
- Bank accounts and investments without payable-on-death (POD) or transfer-on-death (TOD) designations
- Vehicles and titled personal property in the decedent's sole name
- Business interests held individually
Probate is generally not required for:
- Joint tenancy property — passes automatically to the surviving joint tenant(s)
- Tenancy by the entirety — property held by married couples passes to the survivor
- Beneficiary-designated assets — life insurance, retirement accounts, POD/TOD accounts
- Property held in a revocable living trust
- Small personal estates valued at $15,000 or less with no real estate — eligible for summary probate
Small Estate Options
Rhode Island provides a summary probate process for small estates.
Eligibility requirements:
- The estate must consist of personal property only — no real estate
- The total value of probatable personal property must not exceed $15,000
How the process works:
- The executor or administrator files the necessary forms with the municipal probate court in the city or town where the decedent resided
- The court processes the summary petition with reduced formalities
- The waiting time for closure is typically much shorter than full administration
- The costs are significantly lower than full probate
Important limitations:
- Summary probate does not apply to estates with real property — full probate is required
- The $15,000 threshold is relatively low compared to other states
- The executor still has fiduciary duties even in summary proceedings
- If disputes arise, the court may require full administration
Step-by-Step Process
1. Determine the appropriate probate track
Assess the estate to determine whether it qualifies for summary probate ($15,000 or less, personal property only) or needs full administration.
2. File the petition
File a Petition for Probate with the municipal probate court in the city or town where the decedent was domiciled. Include the original will (if any), certified death certificate, and the filing fee. The fee is typically 1% of the value of personal property (minimum $30, maximum $1,500).
3. Appointment of executor or administrator
The probate court reviews the petition and appoints the executor (named in the will) or administrator (court-appointed). The court issues a Certificate of Appointment.
4. Post bond
Rhode Island generally requires the executor or administrator to post a surety bond in an amount at least equal to the estimated value of the estate's personal property, unless the will waives the bond.
5. Publish notice to creditors
Publish a Notice to Creditors in a newspaper of general circulation. Notice must be published for a period specified by the court. Creditors generally have 6 months from the date of appointment to present claims.
6. File the inventory
Within 30 days of appointment, file an Inventory listing all estate assets and their fair market values.
7. Pay debts, claims, and taxes
Review and pay valid creditor claims in priority order. File the decedent's final federal and Rhode Island income tax returns. If the estate exceeds the $1,802,431 threshold (2025), file the Rhode Island Estate Tax Return (Form RI-706).
8. File the account
File an Account with the court detailing all assets received, debts paid, expenses incurred, and proposed distributions.
9. Obtain court approval
The probate court reviews the account and issues a decree approving distributions.
10. Distribute assets and close
Distribute remaining assets according to the will or Rhode Island's intestacy laws. Obtain receipts from beneficiaries. The estate is formally closed after court approval.
Timeline & Costs
Typical timeline:
- Summary probate: 3 to 6 months
- Full administration: 9 to 18 months
- Complex or contested estates: 1 to 3+ years
Court filing fees:
Rhode Island probate courts charge fees based on estate value:
- 1% of the value of personal property (minimum $30, maximum $1,500)
- Additional fees for newspaper publication (advertising fees)
- Certified copies: additional fees
Executor/administrator compensation:
Rhode Island allows reasonable compensation, typically based on the time and complexity involved.
Attorney fees:
Rhode Island probate attorneys typically charge between $3,000 and $6,000 for straightforward probate, and $6,000 to $15,000+ for complex or contested proceedings. Hourly rates generally range from $250 to $400 per hour.
Rhode Island estate tax:
Estates exceeding $1,802,431 (2025 threshold, adjusted annually for inflation) are subject to a state estate tax with rates up to 16%. The return (Form RI-706) is due 9 months after death.
Additional costs:
- Newspaper publication: $50 to $200
- Surety bond premiums: varies by estate size
- Appraisal fees: varies by asset type
- Recording fees for real property: varies by municipality
Required Forms
Rhode Island probate forms are available from the individual municipal probate courts. Forms may vary slightly between municipalities. Key documents include:
Starting the case:
- Petition for Probate of Will (testate)
- Petition for Administration (intestate)
- Certificate of Appointment — issued by the court
Notices:
- Notice to Creditors — published in a newspaper
- Citation — notice to heirs and interested persons
Inventory and accounting:
- Inventory — listing of all estate assets, due within 30 days
- Account — financial report for court review
Tax forms:
- Form RI-706 — Rhode Island Estate Tax Return (for estates exceeding $1,802,431)
Closing:
- Final Account — submitted for court approval
- Decree of Distribution — court order approving distributions
Executor Duties
In Rhode Island, the estate administrator is called the executor (if named in a will) or administrator (if appointed by the court). Their fiduciary duties include:
Immediate responsibilities:
- File the will with the municipal probate court
- File the petition for probate or administration
- Post a surety bond as required
- Obtain the Certificate of Appointment
- Secure and protect all estate assets
Administrative duties:
- Open an estate bank account
- Publish the Notice to Creditors
- Mail notice to all known creditors and interested persons
- File the Inventory within 30 days of appointment
- Manage the decedent's ongoing obligations
- Maintain detailed records
Financial obligations:
- Collect and inventory all estate assets
- Determine whether the estate exceeds the Rhode Island estate tax threshold ($1,802,431)
- File the decedent's final income tax returns
- If applicable, file Form RI-706 within 9 months of death
- Review and pay valid creditor claims
- Pay estate administration expenses
Distribution and closing:
- File the Account with the court
- Distribute assets according to the will or Rhode Island intestacy laws
- Obtain signed receipts from beneficiaries
- Obtain court approval and formal discharge
Unique State Rules
Municipal probate courts
Rhode Island is unique in having 39 separate municipal probate courts — one for each city and town. Probate is filed in the municipality where the decedent resided. This local structure means procedures and forms may vary slightly between municipalities.
State estate tax with low threshold
Rhode Island imposes a state estate tax on estates exceeding $1,802,431 (2025, adjusted annually for inflation). Tax rates range up to 16%. This relatively low threshold means more Rhode Island families are subject to the estate tax compared to states with higher exemptions.
Value-based filing fees
Rhode Island charges probate filing fees based on 1% of the value of personal property, with a minimum of $30 and a maximum of $1,500. This percentage-based approach means the fee scales with the estate size.
30-day inventory requirement
Rhode Island requires the inventory to be filed within 30 days of appointment — one of the shortest deadlines in the country. This requires prompt identification and valuation of assets.
6-month creditor claim period
Creditors have 6 months from the date of appointment to present claims. This is measured from the date of appointment, not from publication.
Not a UPC state
Rhode Island has not adopted the Uniform Probate Code. Its probate procedures are governed by Rhode Island General Laws, Title 33.
No inheritance tax
While Rhode Island has an estate tax, it does not impose an inheritance tax. The estate tax is assessed against the estate, not against individual beneficiaries.
Low summary probate threshold
Rhode Island's summary probate threshold of $15,000 (personal property only, no real estate) is one of the lowest in the country. Many families will need full probate even for modest estates.
How SwiftProbate Helps
Rhode Island's probate system — with its 39 municipal courts, low summary threshold, estate tax, and tight deadlines — requires careful navigation. SwiftProbate generates a tailored roadmap for your specific Rhode Island estate.
What SwiftProbate does for Rhode Island estates:
- Determines the right track — evaluates whether your estate qualifies for summary probate ($15,000) or needs full administration
- Flags estate tax obligations — identifies whether the estate may exceed Rhode Island's $1,802,431 threshold and generates tasks for Form RI-706 preparation
- Generates Rhode Island-specific deadlines — including the 30-day inventory requirement and 6-month creditor claim period
- Calculates filing fees — estimates the 1% probate filing fee based on your estate's personal property value
- Creates asset-specific task lists — with steps for each asset type specific to Rhode Island procedures
Start with a free account to get your Phase 1 estate administration checklist, covering the essential first steps for opening and managing a Rhode Island estate.