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Rhode Island Will Contests
Support GuideRhode Island27 min read

Rhode Island Will Contests

A Rhode Island will contest is a de novo appeal to the superior court under R.I. Gen. Laws 33-23-1, on a 20-day and a 30-day clock no court can extend.

By Settled Editorial

A Rhode Island will contest runs as an appeal to the superior court under R.I. Gen. Laws § 33-23-1. Any person aggrieved by an order or decree of a probate court files a claim of appeal with the probate clerk within 20 days after the judge executes it, then files the reasons of appeal in the superior court within 30 days after entry.

That puts Rhode Island outside most of what you will read about contesting a will. There is no separate contest petition, no informal track to convert into a formal one, and no single hearing where a judge sorts out the whole fight. The objection goes in at the probate court of the city or town, the decree follows, and the appeal follows the decree. Section 33-23-1(b) then says the appeal is not an appeal on error and is heard de novo, so the superior court takes the question fresh.

This guide covers the two clocks, where each filing goes, who counts as aggrieved, the grounds Rhode Island puts in writing, what the appeal freezes, what it costs, and the claims that reach an inheritance without attacking the will at all. Read it alongside what makes a Rhode Island will valid for the execution rules a contest usually attacks, and the Rhode Island probate guide for how a Rhode Island probate case runs from petition to closing.

The Two Clocks

Section 33-23-1(a) sets out one procedure with two deadlines, and they start on different events. The 20-day clock runs from the day the probate judge executes the order or decree. The 30-day clock runs from the day that order or decree is entered. Nothing in the section merges them.

StepDeadlineWhere it goesStatute
Claim of appeal, a request for a certified copy of the claim, and the clerk's fees20 days after the probate judge executes the order or decreeOffice of the clerk of the city or town probate court§ 33-23-1(a)(1)
Certified copy of the claim plus the reasons of appeal, which the statute requires to be "specifically stated"30 days after entry of the order or decreeSuperior court for the county where that probate court is established§ 33-23-1(a)(2)
Affidavit proving the superior court filing and docketingTied to the same 30-day deadlineBack with the probate clerk§ 33-23-1(a)(3)
Copy of the reasons of appeal by regular mail to every interested person and everyone who appeared below, plus a certificate naming themOn entry of the appeal in the superior courtSuperior court§ 33-23-8(a)

Section 33-23-1(c) is the sentence that decides most failed appeals: "The deadline of subdivisions (a)(1) and (a)(2) are jurisdictional and may not be extended by either the probate court or the superior court." A judge who wants to help cannot.

Miss the second filing and the case does not simply stall. Under § 33-23-11, any interested person may petition the probate court, which then affirms the decree, proceeds as if no claim of appeal had been filed, and may award double costs against the appellant.

The reasons of appeal also fence in the case. Section 33-23-1(a)(2) restricts the appellant to the reasons filed, and the superior court allows amendments and additions only for cause shown. Because an amendment needs cause shown, the scope of the reasons as filed generally sets the scope of the case that follows.

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The Claim Goes to Your Town, the Appeal Goes to the County

Rhode Island splits a will contest across two buildings, and the split confuses people who expect a county courthouse.

Probate is municipal here. R.I. Gen. Laws § 8-9-9 fixes each probate court's jurisdiction in the town or city where it is established, so the decree you are appealing came from one of 39 city and town probate courts. That is where the claim of appeal and the fee go, on form PC-9.3, Claim of Appeal, published by the Rhode Island Department of State. The Rhode Island Probate Courts by town directory has the clerk who takes the claim of appeal for each municipality.

Section 33-23-1(a) then sends the reasons of appeal to "the superior court for the county in which the probate court is established." Rhode Island's five counties run no probate court of their own. In a will contest they do exactly one job, which is naming the superior court that hears the appeal.

Who Can Appeal

Section 33-23-1(a) opens the door to "any person aggrieved by an order or decree of a probate court," and chapter 33-23 never defines the phrase. It carries no definitions section, so the content of "aggrieved" comes from Rhode Island case law, and standing is the first question a Rhode Island probate litigator answers.

The statutes do fix who is already in the room. Section 33-22-26 closes with a rule worth knowing before the hearing: "Any person petitioning or objecting to a petition shall be deemed to be a party of record in the matter in which he or she appears." Objecting on the record makes you a party.

Section 33-23-8 carries the appeal side. Any interested person may enter an appearance in the probate court or the superior court and is then entitled to copies of every filing in the estate, at their own expense. Anyone served with the reasons of appeal has 20 days to enter an appearance or move to intervene, and the superior court may hear the appeal without further notice to a person who lets that window pass. The executor, administrator or guardian becomes a party automatically, with no motion to intervene.

The Grounds Rhode Island Puts in Writing

Title 33 never lists the grounds for a will contest in one place. Four of them sit in chapters 33-5 and 33-6, where you can read the text yourself. The rest do not appear in the General Laws at all.

A Signing That Misses Section 33-5-5

Section 33-5-5 states the execution rule as a prohibition. No will is valid unless it is in writing and signed by the testator, or by another person for the testator, in the testator's presence and by the testator's express direction. The testator makes or acknowledges that signature in the presence of two or more witnesses present at the same time, and those witnesses attest and subscribe the will in the testator's presence.

Rhode Island writes in no clause that forgives a botched signing on proof of what the decedent wanted. The section names only two escapes: § 33-5-6 for a soldier, airman, mariner or sailor, which reaches personal estate only, and § 33-5-7 for a will executed outside Rhode Island in the mode the place of execution or the testator's domicile prescribes.

One counterweight belongs here. Section 33-7-23 says the final probate of a will, by the probate court or on appeal, is conclusive as to its due execution. Once the appeal windows close, that argument is spent.

The Testator's Capacity

Section 33-5-2 allows every person "of sane mind and eighteen (18) years or older in age" to dispose of real and personal estate by will. Capacity is measured at the signing, which is why these cases turn on medical records and on accounts from the days around the date on the document. Rhode Island's own witness affidavit, printed in § 33-7-26, has the witnesses swear the testator "appeared to be of sound mind and eighteen (18) years of age or over."

Revocation

Section 33-5-10 is exclusive. A will is revoked only by § 33-5-9, by a later will or codicil executed the way § 33-5-5 requires, by a separate writing declaring an intention to revoke and executed like a will, or by burning, tearing or otherwise destroying the will with the intention of revoking it, done by the testator or by someone in the testator's presence at the testator's direction.

Two family events revoke by operation of law. Section 33-5-9 makes marriage revoke a will made before it, unless the will shows it was made in contemplation of the marriage. Section 33-5-9.1 makes a final divorce judgment revoke every provision for the former spouse, and the rest of the will takes effect as though that spouse had died first.

The door closes on the softer version of this argument. Section 33-5-11 says no will is revoked by any presumption of intention on the ground of an alteration in circumstances. A changed life does not undo a will.

A Gift to a Witness

Section 33-6-1 voids a devise, legacy, gift or appointment to a person who attested the will, and to anyone claiming under that person, so far as that attesting witness is concerned. The will survives. The gift does not. The same section keeps that witness competent to prove the will or to prove it invalid. Two neighbors handle the other awkward signatures without voiding anything: § 33-6-2 admits a creditor whose charged debt the will secures as a witness despite the charge, and § 33-6-4 says being an executor or trustee under the will does not make a person incompetent to witness it.

This is the cheapest ground on the page to check, because it turns on comparing the signature block against the beneficiary list rather than on evidence about the testator.

Undue Influence, Fraud and Forgery

None of these appear in Title 33. The chapter on execution and revocation and the chapter on proof and construction say nothing about a will that expresses somebody else's wishes, so Rhode Island supplies the test through case law rather than through a section you can cite. The pattern that draws the closest look is familiar to any probate clerk: a caregiver or a late-arriving companion isolates the testator, picks the drafting attorney, attends the signing, and takes most of the estate. A fact pattern like that is one a licensed Rhode Island attorney evaluates, because the statute will not answer it.

An Objection on the Record Changes the Hearing

One sentence in § 33-7-26 changes what a Rhode Island probate hearing looks like. "In the absence of objection by anyone interested in the estate of a deceased person, the probate court may admit to probate a purported will or codicil of the deceased person upon oral testimony or affidavit." An unopposed will can go in on the sworn statement of a single subscribing witness, or on the notarized affidavit the statute prints in full.

An objection on the record removes that shortcut. Section 33-22-19.2 then does real work at the town level:

  • In uncontested matters, the Rhode Island Rules of Evidence may be used as a guide and need not be followed.
  • In all contested matters, the Rules of Evidence apply.
  • In all contested matters, the Superior Court Rules of Civil Procedure may be applied, and the probate court may limit discovery to what is relevant and shorten or enlarge the deadlines.
  • The probate court may compel discovery, award costs and fees, and impose sanctions consistent with Rule 37.

A record is not automatic. Section 33-22-19.1 requires the probate clerk to record any proceeding at the request of a party or the judge, by electronic or stenographic means. That recording is what a transcript comes from later. The same section says no party has to record or transcribe a proceeding in order to appeal, so a missing recording generally costs evidence rather than the right to appeal.

The notice paperwork matters too. Section 33-22-3 gives each named person at least 10 days of mailed notice before the hearing, and three weeks when the address is outside the continental United States. Section 33-22-5 lets all interested parties waive that notice in writing, after which the court may hear the cause with no publication and no further notice. The Department of State's probate forms index carries form PC-9.1, Waiver or Advertising, for that step. A signed waiver can end the chance to appear at a hearing.

What the Appeal Freezes

Claiming an appeal in Rhode Island stops the decree instead of leaving it running. Section 33-23-2 says that when an appeal is claimed, the operation of the order or decree is suspended, except as the chapter otherwise provides, until the appeal is dismissed or discontinued or the decree is finally affirmed.

The exceptions all keep an estate from freezing solid:

  • Section 33-23-3 lets a fiduciary whose letters are on appeal give bond, file an inventory, and collect the estate as if no appeal had been claimed. Claims still have to be filed on time, and every claim limitation runs as usual.
  • Section 33-23-4 allows a sale of perishable or wasting tangible personal property with the probate court's leave.
  • Section 33-23-6 lets the fiduciary collect rents and income, sue for possession, pay debts under the court's direction, and sell real estate when the probate court authorizes it.
  • Section 33-23-7 gives a decree removing a fiduciary effect during the appeal, so a successor takes over and hands everything back if the removal is later reversed.

Withdrawing has a price. Section 33-23-13 lets the appellant discontinue at any time, and on presentation of the clerk's certificate the suspension ends and the original decree takes effect as if no appeal had been taken. Section 33-23-20 closes one door entirely: where the law directs a fiduciary to get the probate court's advice and direction before acting, there is no appeal from that advice, and everyone who acts on it is protected.

Rhode Island executor duties covers what the fiduciary owes the estate while all this is pending, and Rhode Island creditor claims covers the claim window that keeps running through it.

Inside the Superior Court

Section 33-23-1(b) sets the standard of review, and it favors the appellant. The appeal is heard de novo. The probate record, the certified documents and any transcript come in without further authentication. The superior court may give the probate court's findings as much weight as it thinks appropriate and is not bound by them. A witness who testified below may testify again, and the earlier transcript may be used for any evidentiary purpose consistent with the Rhode Island Rules of Evidence.

A jury is available on request. Section 33-23-10 lets the appellant claim a trial by jury on any factual dispute raised in the reasons of appeal, and lets any interested person claim one within 20 days after service of notice of the appeal. An appeal that raises a genuine issue of material fact goes to the continuous jury or non-jury trial calendar. An appeal that can be decided as a matter of law goes to the formal and special cause calendar, where the court sets a briefing schedule and a justice decides on the record and the briefs.

Expect months rather than weeks. Section 33-23-9 puts assignment day no less than 75 days from the date the probate judge executed the decree.

Two sections rescue paperwork problems. Section 33-23-15 keeps a decree from being quashed for want of proper form or for want of jurisdiction appearing on the record, so long as the probate court had jurisdiction of the subject matter, and lets the superior court allow amendments to supply a deficiency in the papers. Section 33-23-16 handles a person who was never notified: jurisdiction survives, the court orders notice served at least 14 days before the return day, and the proceedings then bind that person.

When it ends, § 33-23-18 lets the superior court affirm or reverse the decree in whole or in part, enter the decree the probate court ought to have entered, and remand with or without instructions. Section 33-23-19 sends the certified final judgment back to the probate court, at no fee, and the case ends where it started.

What a Rhode Island Will Contest Costs

Court charges are the small line. The money that decides whether an appeal is worth filing sits outside the fee schedule.

ChargeAmountStatute
Probate clerk, copies and certification of the claim of appeal$1.50 per page plus $3.00 to certify§ 33-22-21(c)
Superior court entry of a civil action or petition$160.00§ 9-29-18(a)(1)
Judiciary technology surcharge on that filingSet by the state court administrator, capped at $25.00§ 8-15-11(a)
Transcription of the probate proceedingAppellant pays all transcription costs§ 33-22-19.1(c)

Section 33-22-21 enumerates probate filing fees and prints no line for a claim of appeal, so what § 33-23-1(a)(1) calls "the clerk's fees" is the copy and certification charge in subsection (c). Section 33-23-1(f) then ties the superior court side to § 9-29-18 by making the appeal fee the same as the fee for filing a complaint in a civil action. Individual cities and towns publish their own charge sheets and advertising rates, so confirm the counter total with the probate clerk before you write the check.

Two provisions move real money.

Fees can shift in either direction. Section 33-22-26 lets a court, in a case contested before a probate court or on appeal, award costs and reasonable attorneys' fees in its discretion, either to one party to be paid by the other or to one or both parties out of the estate that is the subject of the controversy, "as justice may require."

Suing on the estate's behalf carries personal exposure. Section 33-18-17 lets a legally interested person sue in the estate's name to recover property when the fiduciary refuses or neglects to act for 15 days after written notice. Section 33-18-19 then prices that choice: a person who does not prosecute successfully gets no costs, is personally liable to the adverse party for costs, and can never recover more than reasonable expenses out of the estate, which the probate court allows only where it finds the proceeding was necessary to protect the estate.

Attorneys, depositions, medical records and handwriting experts are where the number grows. Four questions commonly bear on whether an appeal earns its cost: whether the person appealing is aggrieved, whether there is evidence of a ground rather than disappointment, whether the 20 days have already run, and whether a negotiated result would land in the same place sooner. On the last one, § 33-7-12 lets the superior court authorize the named executors, or the administrator with the will annexed, to settle by compromise all controversies concerning the will at any time before the final decree approving it enters.

No-Contest Clauses

The Rhode Island General Laws print no section on a no-contest or in terrorem clause. Chapter 33-5 governs execution and revocation and never mentions a forfeiture provision. Chapter 33-6 governs proof and construction of wills from § 33-6-1 through § 33-6-33 and never mentions one either. The answer sits in Rhode Island case law, not in text a beneficiary can read at the anchor, and a licensed Rhode Island probate litigator is the person who reads a forfeiture clause against the current law before anyone files.

Three Claims That Are Not a Will Contest

A Rhode Island will cannot cut off everything, and three of these routes ask for money without attacking the document.

The surviving spouse's life estate. Section 33-25-2 gives a surviving spouse a life estate in the real estate the decedent owned in fee simple at death. Section 33-25-4 says a devise or bequest to that spouse bars the life estate unless the spouse files a written waiver and claim in the probate court within six months after the first publication of the fiduciary's qualification.

The elective share. Section 33-28-4 runs on the same six-month anchor. The spouse files a written waiver and a petition for the elective share, with notice to everyone whose interest the election would hurt. Subsection (b) allows one extension, petitioned for inside those six months, and it can reach no further than nine months after the death.

A child born after the will. Section 33-6-23 gives a child born after the will was executed, and the issue of a deceased child in the situations the section describes, the same share they would have taken if the testator had died intestate, unless the omission was intentional rather than an accident or mistake.

Notice the anchor those first two share. Neither runs from the date of death. Both run from the first publication of the fiduciary's qualification, which is the same event that starts most Rhode Island estate clocks. Rhode Island surviving spouse rights walks the election, and the Rhode Island probate timeline shows where these dates fall next to the inventory and the creditor window.

If the Appeal Succeeds

The estate does not vanish. It passes under whatever stands next in line. Where an earlier valid will exists, the estate follows that document. Where none does, the estate passes under Rhode Island intestate succession and the probate court grants administration. A court can also strike one tainted gift and leave the rest of the will standing, which is exactly the result § 33-6-1 reaches for a gift to an attesting witness.

Common Questions

How long do I have to contest a will in Rhode Island?

Two deadlines run at once under R.I. Gen. Laws § 33-23-1(a). Within 20 days after the probate judge executes the order or decree, an appellant files a claim of appeal and a request for a certified copy with the clerk of the city or town probate court and pays the clerk's fees. Within 30 days after entry of that same order or decree, the appellant files the certified copy and the reasons of appeal in the superior court. Section 33-23-1(c) calls both deadlines jurisdictional and says neither the probate court nor the superior court may extend them.

What are the grounds to contest a will in Rhode Island?

The Rhode Island General Laws never gather the grounds into one section. Chapters 33-5 and 33-6 supply four that you can read at the anchor: a signing that misses § 33-5-5, a testator who was under 18 or not of sane mind under § 33-5-2, revocation by one of the methods in § 33-5-10 or by the marriage rule in § 33-5-9, and a gift to an attesting witness, which § 33-6-1 makes void as to that witness alone. Undue influence, fraud, duress and forgery appear in no section of Title 33, so they come out of Rhode Island case law rather than out of the statute.

Where do you file a Rhode Island will contest?

In two places, in order. The claim of appeal goes to the clerk of the probate court that entered the decree, which is the court of the city or town where the estate is being settled, on Department of State form PC-9.3. The reasons of appeal then go to the superior court for the county in which that probate court is established, under § 33-23-1(a). Rhode Island runs no county probate court, so the county name selects the appellate forum only.

Can you get a jury trial in a Rhode Island will contest?

Yes. R.I. Gen. Laws § 33-23-10(a) lets the appellant claim a trial by jury of any factual dispute or issue raised in the reasons of appeal, and lets any other interested person claim one within 20 days after service of notice of the appeal. Section 33-23-10(b) then assigns an appeal that raises a genuine issue of material fact to the continuous jury or non-jury trial calendar. An appeal that can be decided as a matter of law goes to the formal and special cause calendar on briefs instead.

Do no-contest clauses work in Rhode Island?

The Rhode Island General Laws print no section on a no-contest or in terrorem clause. Chapter 33-5 covers execution and revocation, chapter 33-6 covers proof and construction, and neither one addresses a forfeiture provision, so the answer sits in Rhode Island case law rather than in text you can read at the anchor. A licensed Rhode Island probate litigator reads the clause against current case law before anyone files, since the gift at risk is usually worth more than the filing fee.

This page is general information about appealing a Rhode Island probate decree, and it does not describe any particular estate. A probate appeal is litigation, the 20-day window is short, § 33-23-1(c) makes it unextendable, and a losing appellant can face double costs under § 33-23-11 and a fee award under § 33-22-26. Confirm the date the judge executed your decree with the probate clerk for your city or town, and take standing, grounds and dates in a specific matter to a licensed Rhode Island attorney.

Sources:

It is not legal advice.

Information current as of August 2, 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.