Overview
Newport County is located in Rhode Island with a population of approximately 85,643. Unlike most states, Rhode Island probate is handled at the city or town level, not the county level. The Probate Court of the City of Newport (and other municipal courts within the county) handles all probate and estate matters for decedents who were domiciled in their respective municipalities at the time of death.
Rhode Island probate is governed by Title 33 of the Rhode Island General Laws. The process begins with filing a Petition for Probate of Will (Form PC-1.5) or Petition for Administration (Form PC-1.1) to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
For small estates valued at $15,000 or less (consisting only of personal property), Rhode Island offers a simplified process known as Voluntary Informal Administration or Voluntary Informal Executorship, which avoids full probate.
Rhode Island has a unique fee structure where the probate filing fee includes a tax of 1% of the personal estate value (capped at $1,500), in addition to base filing charges.
This guide provides an informational overview of the Newport County probate process, using the City of Newport as a primary example. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the specific town court.
Courthouse Information
Probate Court of the City of Newport
Note: Probate in Rhode Island is municipal. If the decedent lived in Middletown, Portsmouth, Jamestown, Tiverton, or Little Compton, you must file in that specific town's probate court.
Address: 43 Broadway, Newport, RI 02840
Phone: (401) 845-5300 (City Hall Main Line) | (401) 845-5349 (Probate Court Deputy Clerk)
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The Probate Court is located within Newport City Hall. The City Clerk serves as the Probate Clerk. The current Probate Judge is Gregory F. Fater, Esq. Hearings are typically held twice a month.
Parking and Access
Public parking is available near City Hall and in surrounding municipal lots. The building is accessible to persons with disabilities.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Voluntary Informal Administration: If the estate consists only of personal property valued at $15,000 or less, you may file a simplified petition (Form PC-1.9 or PC-1.10) to settle the estate without full court supervision.
- Joint Tenancy/Survivorship: Assets held jointly with rights of survivorship pass directly to the co-owner.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file the appropriate petition with the probate court in the city/town where the decedent resided. For a will, file Petition for Probate of Will (Form PC-1.5). Include:
- Original Will and Codicils (if any)
- Certified Death Certificate
- Form PC-1.1 (Petition for Administration) if there is no will
- Filing fee (typically base fee plus 1% of personal estate value)
- List of heirs and beneficiaries
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties at least 10 days before the hearing.
- Publish notice in a newspaper of general circulation (such as the Newport Daily News) for the duration required by the court (typically once a week for three successive weeks, though requirements may vary by town).
Step 4: Attend the Hearing
The court will schedule a hearing on the petition. At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration, granting authority to the personal representative.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (Rhode Island has a 6-month creditor claim period).
- Inventory and appraise all estate assets within 90 days of appointment.
- Pay valid creditor claims and estate taxes.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- File a First and Final Account and petition for discharge to close the estate.
Local Requirements
Newport County-Specific Procedures
- Municipal Jurisdiction: Always verify the decedent's legal domicile. Filing in the wrong town (e.g., filing in Newport for a Middletown resident) will result in dismissal.
- Statewide Forms: Rhode Island uses standardized statewide probate forms (PC series) available from the Secretary of State.
- Inventory Tax: The 1% tax on personal property is strictly enforced and must be paid before the estate can be closed or sometimes upon filing the inventory.
- Publication: Notice is typically published in the Newport Daily News for estates within Newport County.
Check with the specific town clerk (Newport, Middletown, Portsmouth, etc.) for their specific hearing schedule and local rules regarding e-filing or remote hearings.
Timeline & Fees
Filing Fees (City of Newport/General RI)
- Petition for Probate of Will/Administration: ~$30 base fee + 1% of personal estate value (capped at $1,500).
- Small Estate (Voluntary Informal): ~$30
- Certified copies of Letters: approximately $1.50 per page + $3.00 certification fee
- Publication costs: approximately $100-$200 depending on the newspaper and length of notice.
- Recording Fees: Varies by document type.
Payment Methods
The court typically accepts checks, money orders, and cash. Some municipalities may accept credit cards with a surcharge.
Estimated Timelines
- Simple estates (no disputes, limited assets): 9-12 months
- Average estates: 12-18 months
- Complex or contested estates: 18 months to 2 years or more
The 6-month creditor claim period is a mandatory waiting period that sets the minimum timeline for closing an estate.
Local Resources
Newport County Court Resources
- City of Newport Probate: cityofnewport.com
- RI Secretary of State Probate Forms: sos.ri.gov
- Rhode Island Bar Association: ribar.com
Legal Aid and Attorney Referrals
- Rhode Island Bar Association Lawyer Referral: (401) 421-7799 — ribar.com
- Rhode Island Legal Services: (401) 274-2652 — rils.org
Publication
- Newport Daily News: (401) 849-3300 — newportri.com