Probate in Rhode Island
Rhode Island probate is administered through the city or town (municipal) Probate Court where the deceased resided — not a county court. Rhode Island's probate system is highly localized, with 39 separate probate courts (one per municipality). Each court has its own judge and practices can vary significantly.
Rhode Island probate typically takes 6–18 months.
Simplified estate procedures
Rhode Island allows a small estate affidavit for personal property of $15,000 or less, available 30 days after death. Rhode Island also has a simplified process for surviving spouses to claim certain assets.
Rhode Island does not currently authorize transfer on death deeds for real property.
Death certificates
Rhode Island death certificates are issued by the Rhode Island Department of Health (RIDOH) Office of Vital Records and by city/town clerks where the death was registered. The cost is $25 per certified copy. Order through RIDOH or the local city/town clerk.
Order at least 10–12 certified copies when the funeral home files the initial certificate.
Estate and inheritance tax
- State estate tax: Rhode Island imposes a state estate tax on estates with a gross value over $1,733,264 (2024, indexed for inflation). Rates range from 0.8% to 16%.
- Inheritance tax: Rhode Island has no inheritance tax.
The federal estate tax applies only to estates above $13.61 million (2024 threshold).
Notable rules
- Municipal probate courts: Rhode Island's 39 municipal probate courts mean practices vary substantially by city or town. Always consult a local Rhode Island attorney.
- Creditor claim period: 6 months from the date of first publication of notice to creditors.
- Estate tax threshold: Rhode Island's $1.73M threshold is relatively low — homeowners in Providence and surrounding areas should factor this into estate planning.
- No transfer on death deed: Rhode Island does not authorize TOD deeds for real property.
Key contacts
- Rhode Island vital records: health.ri.gov/records/about/vitalrecords
- Rhode Island Judiciary probate: courts.ri.gov
- Rhode Island Bar Association lawyer referral: ribar.com