Overview
Washington County is located in Rhode Island with a population of approximately 130,000. Unlike most states, Rhode Island probate is decentralized; the Municipal Probate Courts in each of the county's nine towns handle all probate and estate matters for decedents who were domiciled in that specific town 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 smaller estates, Rhode Island offers simplified procedures using the Voluntary Informal Executor (Form PC-1.9) for estates with a will or Voluntary Informal Administrator (Form PC-1.10) for estates without a will when all heirs agree and the estate is relatively simple.
Fees in Washington County towns generally follow a state guideline which includes a filing fee plus a percentage of the estate value (typically 1% of personal property, capped at around $1,500).
This guide provides an informational overview of the Washington County probate process. 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
Municipal Probate Courts (Town-Based)
Probate matters in Washington County are handled at the Town Hall of the decedent's residence. There is no single county probate court. The Washington County Superior Court in Wakefield handles appeals.
Example Address (County Seat): South Kingstown Town Hall, 180 High Street, Wakefield, RI 02879
Phone: (401) 789-9331 (South Kingstown Town Clerk)
Hours: Monday through Friday, 8:30 AM to 4:30 PM
Jurisdiction: You must file probate in the city or town where the decedent lived. Washington County includes the towns of Charlestown, Exeter, Hopkinton, Narragansett, New Shoreham (Block Island), North Kingstown, Richmond, South Kingstown, and Westerly.
Parking and Access
Most town halls in Washington County have free public parking lots adjacent to the building. Security screening is generally not required for town halls, unlike the state Superior Court.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Voluntary Informal Procedures: If all heirs agree and the estate is relatively simple, you may file a Voluntary Informal Executor (Form PC-1.9) if there is a will, or Voluntary Informal Administrator (Form PC-1.10) if there is no will.
- Joint Tenancy/Survivorship: Assets held jointly with rights of survivorship pass automatically to the surviving 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 a Petition for Probate of Will (PC-1.5) or Administration (PC-1.1) with the Probate Court in the town of residence. Include:
- Original Will and codicils (if applicable)
- Certified death certificate
- Estimate of the estate's value
- Filing fee (typically ~$30-$35 base fee + advertising costs)
- List of heirs and beneficiaries
E-filing is generally not available for municipal probate courts; petitions must be filed in person or by mail.
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 in Washington County (e.g., The Westerly Sun or The Narragansett Times) for the duration specified by the clerk (typically once a week for two or three weeks).
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 2 to 4 weeks after filing. At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (creditors have 6 months to file claims).
- Inventory and appraise all estate assets within 90 days.
- 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
Washington County-Specific Procedures
- Town-Specific Rules: Each of the 9 towns in Washington County (e.g., Westerly, South Kingstown) has its own probate judge and clerk. Hearing schedules vary (e.g., some meet monthly, others bi-weekly).
- Inventory Tax: Rhode Island law allows towns to charge an inventory fee, typically 1% of the personal estate value, capped at approximately $1,500.
- Residency Requirement: Jurisdiction is strictly based on the decedent's town of domicile.
- Publication: Notice must be published in a newspaper of general circulation in Washington County for typically 2-3 weeks.
Always check with the specific Town Clerk for their hearing dates and local forms.
Timeline & Fees
Filing Fees (Washington County Towns)
- Petition for Probate/Administration: approximately $30-$35 (base fee)
- Advertising/Publication: approximately $45-$60 (varies by newspaper)
- Inventory Fee: 1% of personal property value (Min ~$30, Max ~$1,500)
- Certified copies of Letters: approximately $3.00 + $1.50 per page
- Voluntary Informal Procedures: approximately $30
Rhode Island does not have a statutory attorney fee schedule; fees are usually reasonable hourly rates or a flat fee agreed upon.
Payment Methods
Most town courts accept cash, checks, or money orders payable to the "Town of [Name]". Credit cards may not be accepted or may incur a surcharge.
Estimated Timelines
- Simple estates (Voluntary Informal Procedures): 1-2 months
- Average estates: 9-12 months (includes 6-month creditor period)
- Complex or contested estates: 12 months to 2 years
The 6-month creditor claim period is a mandatory minimum for full probate administration.
Local Resources
Washington County Court Resources
- RI Secretary of State (Forms): sos.ri.gov
- South Kingstown Probate: southkingstownri.gov
Legal Aid and Attorney Referrals
- Rhode Island Bar Association: (401) 421-7799 — Lawyer Referral Service
- Rhode Island Legal Services: (401) 274-2652 — Legal Aid
- RI Bar Referral: ribar.com
Publication
- The Westerly Sun: (401) 348-1000 — General circulation
- The Narragansett Times: (401) 789-9744 — General circulation