Rhode Island estate administration

Rhode Island probate: rules, process, costs, executor fees and deadlines

Small-estate limit: $15,000

This guide explains probate in Rhode Island: Rhode Island’s probate courts are municipal rather than a single state court division, but filing fees are statewide statutory: a formal appointment or will-probate petition costs 1% of the decedent’s personal property (min $30, max $1,500) under § 33-22-21, while the narrow voluntary informal small-estate route (§ 33-24-1, or § 33-24-2 where a will names the executor) is a personal-property procedure costing $30 plus a $5 certification.

Sources reviewed August 9, 2026. Latest primary-source re-fetch September 15, 2026.

Answer first

Rhode Island simplified probate route

After 30 days, an eligible adult Rhode Island resident may file in the decedent’s city or town Probate Court if the estate consists entirely of personal property and the inventory-counted value, excluding the tangible-personal-property category identified by § 33-24-1, does not exceed $15,000. No petition for letters may already be filed. Where the decedent left a will naming an executor, R.I. Gen. Laws § 33-24-2 gives the named executor (or, if unable to serve, an alternate or listed relative) a parallel voluntary route on the same $15,000 personal-property test.

Voluntary informal administration of small estates

What the reviewed rules establish

Simplified route

$15,000

After 30 days, an eligible adult Rhode Island resident may file in the decedent’s city or town Probate Court if the estate consists entirely of personal property and the inventory-counted value, excluding the tangible-personal-property category identified by § 33-24-1, does not exceed $15,000. No petition for letters may already be filed. Where the decedent left a will naming an executor, R.I. Gen. Laws § 33-24-2 gives the named executor (or, if unable to serve, an alternate or listed relative) a parallel voluntary route on the same $15,000 personal-property test.

Eligibility and caveats

Court cost

Tiered

Rhode Island sets a statewide statutory probate fee in R.I. Gen. Laws § 33-22-21(a): for every petition to appoint an administrator (or custodian, guardian, or conservator) or to probate a will, one percent (1.0%) of the decedent's personal property over which the court has jurisdiction, subject to a $30 minimum and a $1,500 maximum, paid before filing on the petitioner's estimate and revisable. The narrower § 33-24-1 voluntary informal small-estate route instead charges a flat $30 filing fee plus $5 for the certification of appointment. Municipalities may charge separately for copies and certification.

Filing-cost detail

Executor compensation

Court-reviewed

Rhode Island states no percentage schedule: the Probate Court allows the executor or administrator compensation in the account in the amount the court considers just. The cited section does not specify a value base, will override, or separate extraordinary-services rate.

Compensation detail

Creditor deadline

Multiple triggers

Claims generally run six months from first publication (§ 33-11-5(a)), but § 33-11-5(b) permits a creditor lacking adequate notice to petition before distribution to present a late claim, and § 33-11-5.1 imposes a duty on the personal representative to notify known or reasonably ascertainable creditors of the commencement of the estate. Notice sent at least 60 days before the six-month period expires is deemed adequate; that 60-day language defines adequate notice rather than a standalone claim period, so one days value would hide the extension mechanism.

R.I. Gen. Laws § 33-11-5 (Rhode Island General Assembly; reviewed August 9, 2026)

Timeline and creditor details

Rhode Island decision map

The four facts that change the Rhode Island route

Use this map before opening a form or entering a number. It keeps the Rhode Island amount test, time gate, court cost, and creditor record separate so one easy figure does not stand in for the whole administration.

Rhode Island estate administration decision map
QuestionRecorded Rhode Island answerCarry into the case
What route is being screened?Voluntary informal administration of small estatesConfirm that the will, prior appointment, family facts, and asset titles fit this route.
What property and basis count?personal probate property only; gross value with statutory exemptions not classified by this worksheet.Keep real property, liens, beneficiary transfers, and survivorship transfers classified separately.
What is the amount screen?$15,000Use the counted property, not a bank-balance shortcut.
What is the time or deadline record?30 days after death; Claims generally run six months from first publication (§ 33-11-5(a)), but § 33-11-5(b) permits a creditor lacking adequate notice to petition before distribution to present a late claim, and § 33-11-5.1 imposes a duty on the personal representative to notify known or reasonably ascertainable creditors of the commencement of the estate. Notice sent at least 60 days before the six-month period expires is deemed adequate; that 60-day language defines adequate notice rather than a standalone claim period, so one days value would hide the extension mechanism.Keep the event that starts each clock with the date; do not combine separate periods into one number.
What does the cost record establish?2 published schedules; the proceeding and value basis control the total.Ask the Probate Court (city or town) about local surcharges, copies, publication, bond, and later filings.
What does compensation use?Rhode Island states no percentage schedule: the Probate Court allows the executor or administrator compensation in the account in the amount the court considers just. The cited section does not specify a value base, will override, or separate extraordinary-services rate. The relevant base is the estate accounting.Keep the will, task log, receipts, and accounting base together; extraordinary work is separate.

Arithmetic illustration

See the Rhode Island amount screen without mistaking it for a result

The recorded Rhode Island ceiling is $15,000, and it is tested against personal probate property only, on a basis this site records as gross value with statutory exemptions not classified by this worksheet. Counted that way, $11,300 sits below the Rhode Island figure and $18,800 sits above it. Both are comparisons to a published number rather than legal outcomes: two estates holding the same total can land on opposite sides of this line, because what Rhode Island counts and how it values it are decided before the comparison is made.

Illustrative counted amountComparison to the Rhode Island ceilingWhat it does not decide
$11,300Below $15,000Title, liens, waiting period, appointment, or creditor duties
$18,800Above $15,000Whether another statutory route or court process applies

Next evidence to collect

Start with the row that is still unknown, then take that question to the named court or source.

  1. Record the date of death, the county, and the exact proceeding or affidavit being considered.
  2. Classify each asset by title, beneficiary, trust, real-property status, and the value basis shown above.
  3. Open the official court material below and keep its form or schedule with the estate record.
  4. Do not distribute property until the route, creditor position, and required approvals are resolved.

Official material

Rhode Island probate is filed with the city or town Probate Court where the decedent resided, which supplies local filing instructions, but the opening fee is set statewide by statute: R.I. Gen. Laws § 33-22-21 fixes 1% of personal property (min $30, max $1,500) for a formal appointment/probate petition, and § 33-24-1 fixes $30 + $5 for the voluntary small-estate route.

No statewide judiciary small-estate form returning HTTP 200 was found; the statutory fee itself is the pinned authority.

Source trail

Records used by this Rhode Island map

Limits and unresolved costs

  • The code publisher exposes amendment history but no edition-level currentness marker.
  • The § 33-24-1 voluntary small-estate route is a separate flat charge ($30 filing plus $5 certification) and is not priced from the § 33-22-21(a) percentage.
  • Attorney fees, bond premiums, publication, certified copies, tax work, and asset-sale costs are not included unless expressly shown.
  • Asset title, beneficiary designations, creditor claims, and will terms can change the route.
Use this as a starting point.

What Rhode Island courts publish

The statutes on this page state the rule. These are the documents the court itself publishes. Every link is probed before release, and any link that stops resolving fails the build rather than staying on the page.

Limits on court material

  • Rhode Island probate is filed with the city or town Probate Court where the decedent resided, which supplies local filing instructions, but the opening fee is set statewide by statute: R.I. Gen. Laws § 33-22-21 fixes 1% of personal property (min $30, max $1,500) for a formal appointment/probate petition, and § 33-24-1 fixes $30 + $5 for the voluntary small-estate route.
  • No statewide judiciary small-estate form returning HTTP 200 was found; the statutory fee itself is the pinned authority.

Primary sources

Each legal input links to the government source reviewed for this page. Source text can change; confirm the current rule before acting.