How Probate Works in Rhode Island

Does Rhode Island require probate?

For most estates, yes. Rhode Island's small estate threshold is only $15,000 and applies only to intangible personal property (bank accounts, stocks, bonds). Tangible personal property and real estate cannot be transferred by affidavit.

The state has not adopted the Uniform Probate Code, so probate tends to be more formal and court-involved.

---

What court handles probate in Rhode Island?

Probate in Rhode Island is handled at the municipal level. Each of Rhode Island's 39 cities and towns has its own Probate Court. The case is filed in the municipality where the deceased person lived.

This is unusual: most states handle probate at the county level. Rhode Island's town-based system means the court is often physically close and accessible, but practices and processing times can vary significantly between municipalities.

Some smaller towns have a Probate Clerk who handles filings and an appointed Probate Judge who reviews cases on a limited schedule.

---

Small estate threshold

Estates with intangible personal property (bank accounts, stocks, bonds, and similar financial assets) valued at $15,000 or less can use a Voluntary Administration process (Rhode Island General Laws § 33-24-1).

Requirements:

• The estate consists only of intangible personal property not exceeding $15,000.
• No real estate is titled solely in the deceased's name (joint property with survivorship is excluded).
• The applicant files a petition with the Probate Court, which issues a certificate allowing asset collection.

This is not a full bypass of the court system, but it is a simplified process with reduced paperwork and lower fees. It applies only to intangible property. If the estate includes a car, household goods of significant value, or real property, full probate is required.

---

Simplified probate options

Rhode Island does not use the Uniform Probate Code but offers:

Standard administration. The court appoints an executor (if there is a will) or administrator (if there is no will). The appointed person files an inventory, pays debts, and distributes assets under court supervision. This is the standard process for most estates.

Independent administration. If the will specifically authorizes it, the executor can act with reduced court supervision. Without this provision, most actions require court approval.

---

What if there is no will?

When someone dies without a will in Rhode Island, the estate follows the state's intestate succession laws (RIGL § 33-1-1 et seq.).

If the deceased was married:

• Spouse and children. The surviving spouse receives a life estate in all the deceased's real property. Personal property is split: the spouse receives $75,000 plus 50% of the balance if there are children.
• Spouse, no children or parents. The surviving spouse inherits the entire estate.

If the deceased was not married:

• Children. The children inherit equally.
• Parents (no children). The parents inherit everything.
• Siblings (no children or parents). The siblings inherit equally.

For a broader overview, see our guide on handling an estate without a will.

---

What makes Rhode Island different?

Municipal Probate Courts

Rhode Island is the only state where probate is handled at the city or town level rather than the county or state level. With 39 municipalities each running their own Probate Court, practices and processing times can vary. The proximity can be convenient, but it also means there is no centralized probate system.

Intangible property only for small estates

Rhode Island's small estate threshold of $15,000 applies only to intangible property (bank accounts, stocks, and similar financial assets). Most states allow the small estate process for all personal property. Rhode Island's narrower definition means more estates require full probate.

Statutory life estate for surviving spouses

Rhode Island provides the surviving spouse a life estate in all real property owned by the deceased at the time of death (RIGL § 33-1-5). This means the surviving spouse has the right to live in or use the property for life, even if the will leaves the property to someone else. The property passes to the named beneficiaries or heirs only after the surviving spouse dies.

For a general overview of the probate process, see our guide on how probate works. You can track your progress through the estate settlement process with our interactive checklist.

---