What Drives Probate Cost in Rhode Island
Court filing fees are the visible starting point, but many estates also pay for certified copies, notice or publication, property recordings, appraisals, and legal help.
Rhode Island has no county probate court to compare. Its five counties are geographic only and run no court; probate is heard by a court in each of the 39 cities and towns, and R.I. Gen. Laws § 8-9-9 gives each one jurisdiction “in the town or city in which it is established”, with § 8-9-11 sending the estate to the city or town where the decedent lived. The fee is the same in all 39 courts, because R.I. Gen. Laws § 33-22-29 provides that no local administrative rule “shall expand, contract or otherwise vary any specific provision of title 33 or any other provision of the General Laws”. What Rhode Island charges instead of a flat filing fee is a single statewide percentage under R.I. Gen. Laws § 33-22-21: one percent (1.0%) of the decedent’s PERSONAL property, never below $30 and never above $1,500, and R.I. Gen. Laws § 42-8.1-20(b) adds a flat $4.00 Historical Records Trust assessment to every filing, so the counter total runs from $34 to $1,504. Three things surprise people. Real estate is not in the base at all, because the § 33-9-1 inventory covers personal property, claims, rights and causes of action “other than real property”, so a house-rich, cash-poor estate pays the minimum. The fee stops rising once personal property reaches $150,000, since one percent of that is exactly the ceiling. And the fee is paid before the petition is filed, on the petitioner’s own estimate, then revised up or down with a further payment or a rebate once the inventory is in. The one probate charge that genuinely differs locally is newspaper advertising under § 33-22-11, which the clerk collects in advance at the newspaper’s own price and which the statewide waiver form PC-9.1 removes entirely. Confirm the fee and the advertising cost with the probate clerk for the city or town where the decedent lived.
Cost componentsFiling fees, add-on charges, and attorney work compared
Court Filing Fees
The court procedure chosen is often the biggest first driver of cost. Simplified procedures usually cost less than full administration.
Additional Charges
Certified copies, publication or notice costs, appraisals, and document recordings can materially change the final number.
Attorney Work
Legal fees depend on the estate's issues. A modest estate with title or creditor problems can cost more than a larger estate with clean paperwork.
How to Use the EstimateWhat the number means and which check to run next
Use the result to set expectations, not to lock in a final fee quote. If the number looks high, the next question is whether all of the property really needs probate or whether some assets already transfer outside court.
From here, compare the estate structure with the estate value calculator, review transfer structure with the beneficiary checker, and use the Rhode Island courts page if you need the next local filing contact.
Frequently Asked Questions
What are Rhode Island probate costs and filing fees?
Do I need an attorney for Rhode Island probate?
How long does Rhode Island probate take?
Official Sources and Further ReadingOfficial references used for this page
- R.I. Gen. Laws § 33-22-21: the statewide probate fee schedule, 1.0% of the decedent’s personal property, minimum $30, maximum $1,500, plus the enumerated flat fees, the $5 certificate of appointment and the $1.50/$3.00 copy charges
- R.I. Gen. Laws § 42-8.1-20(b): the $4.00 Rhode Island Historical Records Trust assessment on every instrument filed under § 33-22-21, which is why cities and towns publish $34 and $1,504 at the counter
- R.I. Gen. Laws § 33-22-29: no local rule of a city or town probate court may expand, contract or otherwise vary a provision of title 33, which is what makes the fee identical in all 39 courts
- R.I. Gen. Laws § 33-9-1: the probate inventory covers personal property, claims, rights and causes of action “other than real property”, which is why a house is not in the fee base
- R.I. Gen. Laws § 33-24-1: voluntary informal administration of a small estate with no will, personal property only within a $15,000 ceiling, $30 to file plus $5 for the certification of appointment
- R.I. Gen. Laws § 33-24-2: the same small-estate route where the will names an executor (voluntary executor), with the original will filed alongside the statement
- R.I. Gen. Laws § 33-22-11: notice by advertisement, the newspaper cost the probate clerk collects in advance and the one probate charge that differs from one city or town to the next
- R.I. Gen. Laws § 33-14-8: executors and administrators are allowed “such compensation for their services as the probate court shall consider just”, with no statutory percentage
- R.I. Gen. Laws § 33-22-26: costs and reasonable attorneys’ fees in contested and appealed probate cases, awarded in the court’s discretion
- R.I. Gen. Laws § 33-22-22: probate fees excused on a guardianship opened to receive United States Veterans Administration benefits (guardianship only; there is no decedent’s-estate waiver)
- R.I. Gen. Laws § 8-9-11: the probate court of the city or town where the decedent lived takes the probate of the will and grants administration
- R.I. Gen. Laws § 44-23-1: the estate tax statement every executor, administrator and heir-at-law files with the Division of Taxation within nine months of death, with a $50 fee for a death before January 1, 2025 and none after
- R.I. Gen. Laws § 34-13-7: recording fees in the city or town land evidence records, including $80 for an executor’s or administrator’s deed (the same $4 assessment applies)
- Rhode Island Department of State, Probate Forms: the statewide PC-series index, including PC-1.9 and PC-1.10 for a small estate and PC-9.1 for the advertising waiver
- Rhode Island Division of Taxation, Estate Tax: the filing-fee rule by date of death, the nine-month due date and the CPI-indexed gross-estate threshold
- IRS Publication 559 for survivors, executors, and administrators
- CFPB guide to managing someone else’s money
Information current as of May 31, 2026
Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Rhode Island can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.