Rhode Island · One of the 39 municipal probate courts of Rhode Island (R.I. Gen. Laws § 8-9-9). There is no probate circuit and no county probate court; Washington County has no government and hears nothing.
Exeter Probate Court Guide
Probate Court information · Updated August 2026
Settling an estate while grieving is hard. This page takes it one step at a time, and free local help is listed below.
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Not sure if you need probate?
Many estates can avoid probate entirely. Assets with beneficiary designations, joint accounts, and trust assets may pass automatically without court involvement.
Immediate Actions
The first days
First: Get Death Certificates
Required for everythingExeter Town Clerk (local registrar of vital records)
Office info
Secure the Property
- Lock the residence and secure valuable items
- Forward mail to a responsible family member
- Make a list of what you find (don't throw anything away yet)
Locate Important Documents
Required by Law
First 30 days
Deposit the Will
Every person other than a probate clerk who has custody of the will must deliver it into the probate court of the city or town with jurisdiction, or to the executors named in the will, within 30 days after notice of the testator's death. An executor who receives it must deliver it into court within 30 days of receiving it. Separately, a person named executor who has the will and does not present it for probate within 30 days is DEEMED to have declined the office under § 33-8-3. (R.I. Gen. Laws §§ 33-7-5, 33-8-3)
Creditor claim window
Creditors generally have 6 months from the first publication of notice of the qualification of the personal representative to bring claims against the estate. (R.I. Gen. Laws §§ 33-11-4, 33-11-5, 33-11-5.1, 33-11-50)
Notify Key Parties
- Banks and credit card companies (to prevent unauthorized use)
- Social Security Administration (1-800-772-1213)
- Employer (if applicable) for final paycheck and benefits
Assess Your Situation
Before filing anything
Which probate type is right for you?
Small estate? If the estate is worth less than the Rhode Island small-estate limit (shown on the options below), you may qualify for simplified procedures.
Is there a valid will? If yes, you'll file for probate with will. If no will exists, it's intestate probate.
Complex assets? Business interests, real estate in multiple states, or contested claims may require probate administration.
Select a probate type below to see specific requirements and costs.
Which applies to your situation?
Not sure? Use the free checker at the top of this page - you don't have to decide this alone.
Rhode Island's small-estate path. An eligible relative or interested party files a sworn statement with this probate court on form PC-1.10, or form PC-1.9 with the original will where the will names an executor, and the clerk issues a certification of appointment after the probate judge reviews it. The $15,000 ceiling measures the personal property that would otherwise be listed on a § 33-9-1 probate inventory, EXCLUDING tangible personal property, so a car and household goods do not count against it. Any real property in the estate closes the route entirely.
- The decedent was a Rhode Island resident
- The estate consists entirely of personal property, and its value excluding tangible personal property does not exceed $15,000
- At least 30 days have passed since the death
- No petition for letters testamentary or letters of administration has been filed
- The affiant is of full age and legal capacity and a Rhode Island resident
- A certificate of death accompanies the statement
- Qualifies:
- $15,000
- Typical duration:
- 1-3 months
- Attorney:
- not required by law, though many families use one
The probate court of the city or town where the decedent lived admits the will on form PC-1.5, or grants administration on form PC-1.1 where there is no will, appoints an executor or administrator, and supervises the inventory, the creditor-claim period, the estate tax statement and the final account.
- Petition filed with the probate clerk of the city or town where the decedent resided
- Notice by advertisement once a week for at least two weeks, the first at least 14 days before the hearing, unless every interested party files form PC-9.1
- Inventory of all personal property within 90 days after appointment
- Written notice of commencement of probate to known or reasonably ascertainable creditors, and to the Executive Office of Health and Human Services where the decedent was 55 or older
- Statement to the tax administrator within nine months of death
- Final account, or an affidavit of complete administration
- Qualifies:
- No dollar threshold. This is the default path whenever the § 33-24-1 or § 33-24-2 voluntary route is unavailable, which includes ANY estate holding solely owned Rhode Island real property and any estate whose personal property (excluding tangible personal property) exceeds $15,000.
- Typical duration:
- 9-15 months
- Attorney:
- not required by law, though many families use one
The probate court of the city or town where the decedent resided admits the will (petition PC-1.5, Petition for Probate of Will) or grants administration where there is no will (petition PC-1.1, Administration Petition), appoints an executor or administrator, and supervises the inventory, the creditor-claim period, the estate tax statement and the final account.
- Petition filed in the probate court of the city or town where the decedent resided
- Notice by advertisement once a week for at least two weeks, the first at least 14 days before the hearing date
- Inventory of all personal property within 90 days after appointment
- Written notice of commencement of probate to known or reasonably ascertainable creditors, and to the Executive Office of Health and Human Services where the decedent was 55 or older
- Statement to the tax administrator within nine months of death
- Final account, or an affidavit of complete administration where the fiduciary is the sole beneficiary or files a release from each beneficiary
- Qualifies:
- No dollar threshold. The default path whenever the § 33-24-1 or § 33-24-2 voluntary route is unavailable, which includes ANY estate holding solely owned Rhode Island real property and any estate whose non-tangible personal property exceeds $15,000.
- Attorney:
- not required by law, though many families use one
Rhode Island's small-estate path where the decedent left no will, or where the will's executor is not acting. An eligible relative or interested party files a sworn statement with the probate court of the city or town where the decedent resided (form PC-1.10, Petition for Voluntary Informal Administrator). The clerk files it as a permanent record and issues a certification of appointment of voluntary administrator, after the probate judge has reviewed it. No hearing is required, though the judge may order one.
- The decedent was a Rhode Island resident
- The estate consists entirely of personal property, and the value excluding tangible personal property does not exceed $15,000
- At least 30 days have passed since the death
- No petition for letters testamentary or letters of administration has been filed
- The affiant is of full age and legal capacity and a resident of Rhode Island
- The statement schedules every asset titled solely in the decedent's name with an estimated value, and names the persons who would take under § 33-1-10 in intestacy
- A certificate of death accompanies the statement
- Qualifies:
- $15,000 or less of personal property that would otherwise be listed on a probate inventory under § 33-9-1, EXCLUSIVE of tangible personal property, and no real property in the estate
- Attorney:
- not required by law, though many families use one
The same small-estate mechanism as § 33-24-1, for an estate that has a will. The person named executor (or the named alternate, or a listed relative or interested party if both decline) files the sworn statement together with the ORIGINAL WILL, and receives a certification of appointment of executor. Form PC-1.9, Petition for Voluntary Informal Executor.
- The original will is filed with the statement
- A non-resident executor appoints a resident agent
- The statement also names the persons who would take under the will
- The same 30-day wait, the same $15,000 ceiling and the same no-pending-petition condition as § 33-24-1
- Qualifies:
- $15,000 or less of personal property that would otherwise be listed on a probate inventory under § 33-9-1, EXCLUSIVE of tangible personal property, where the decedent left a will naming an executor
- Attorney:
- not required by law, though many families use one
Where there is nothing to administer, a fiduciary nominated in the will deposits the will with this probate court on form PC-1.4 under an affidavit stating the date of death, that the funeral bill is paid, the names and addresses of the heirs at law, and that no letters have issued and there are no probate assets.
- Qualifies:
- No probate assets
- Typical duration:
- 1 month
- Attorney:
- not required by law, though many families use one
A will proved outside Rhode Island may be presented here on form PC-1.3, with the foreign will on form PC-1.6. A foreign fiduciary petitioning to transfer or sell Rhode Island real or personal estate pays the same 1% fee computed on the decedent's personal property located in Rhode Island, with the same floor and ceiling.
- Qualifies:
- A nonresident decedent who owned Rhode Island property
- Typical duration:
- 6-12 months
- Attorney:
- not required by law, though many families use one
Where the estate cannot pay its debts, the court applies the § 33-12-11 order of preference after deducting administration charges and any property set off and allowed to the surviving spouse and family. The order is: funeral charges; last-sickness expenses; debts due the United States; debts due Rhode Island and state and town taxes; child support under § 33-11-51; wages earned in the six months before death up to $1,000 per person; Rhode Island Lottery proceeds; other debts filed within six months of the first notice; then all other debts. Within a class, creditors are paid ratably, and no class is reached until the preceding class is paid in full.
- Qualifies:
- The estate's assets are insufficient to pay its debts
- Attorney:
- not required by law, though many families use one
File for Probate
Where to file, forms & fees
Where to File
Free Filing Help Available
Exeter Probate Court, at the Town Clerk's Office (counter assistance for self-represented fiduciaries) can help you understand forms and filing requirements at no cost.
Visit Self-Help CenterOther Topics That May Apply
Property & Real Estate
Property transfer after death, recording
Exeter Town Clerk (land evidence records)
WebsiteSmall Estate Options
Simplified procedures that can avoid full probate
Petition for Voluntary Informal Administrator (or Voluntary Informal Executor where a will names one)
Applies when the qualifying estate is under $15,000 (R.I. Gen. Laws §§ 33-24-1, 33-24-2).
Absolute disqualifier. The sections apply only where the decedent left 'an estate consisting entirely of personal property'.
Earliest filing: 30 days after death.
Form: PC-1.10
Medicaid Estate Recovery
State may recover Medicaid costs from estate
Important Notice
If the deceased received Medicaid, the state may file a claim against the estate to recover benefits paid.
Vehicle Title Transfer
Retitle or transfer the deceased's vehicle. Office, forms, fees.
Transfer scenarios
Surviving Spouse
Documents needed:
- Original death certificate of the deceased spouse (the DMV photocopies it and returns the original)
- The current registration in the name of the deceased person
- The certificate of title in the deceased person's name, for any vehicle of model year 2001 or newer
- For a Rhode Island vehicle of model year 2000 or older first registered to the deceased before January 1, 2024: a valid proof of ownership such as an old registration or a stamped paid sales tax form
- Application for Registration (TR-1), completed and signed
- Tax Exempt Certificate (T-333-1), completed and signed
- If the vehicle carries a loan or lien: the original title plus a permission letter from the bank to remove or add the new owner
Sign the vehicle over to yourself by printing and signing your name in both the buyer and the seller areas on the back of the title, including the current mileage reading. Bring the death certificate, the deceased spouse's registration, the title, the completed Application for Registration and the Tax Exempt Certificate to a DMV office. The DMV issues the new certificate of title and registration in your name.
No fee is charged to a surviving spouse for the new certificate of title (§ 31-3.1-37(2)), and no registration fee is charged for the year if the deceased spouse had already registered the vehicle and paid the § 31-6-1 fee for that year (§ 31-3.1-37(3)). If the deceased spouse had not registered the vehicle or had not paid that year's fee, the surviving spouse pays a pro rata share for the remaining months (§ 31-3.1-37(4)). No sales tax is owed as long as the vehicle was registered in the deceased spouse's name and not to a business.
Probate Fiduciary Appointed (Administrator or Executor)
Documents needed:
- Certificate of title in the deceased person's name
- Original Notice of Appointment from the probate court naming the administrator or executor
- Bill of sale or letter of gift; a gift from anyone who is not an immediate family member needs a notarized gift letter
- Affidavit of Gift of Motor Vehicle (SU 87-65) if the vehicle is a gift
- Application for Registration (TR-1), completed and signed by the new registrant
- Sales or use tax exemption certificate (Tax Exempt Certificate T-333-1) or Sales Tax Form (T-334), completed and signed by the new registrant
- For a vehicle coming into Rhode Island from out of state: a VIN inspection from a local municipal police department
Open probate in the city or town where the decedent resided and obtain the appointment. Present the original Notice of Appointment at the DMV. The fiduciary signs the title as seller and the person taking the vehicle completes the Application for Registration and the tax form. The DMV issues a new certificate of title to the transferee under § 31-3.1-16(b), which covers a transfer other than by voluntary transfer.
For the immediate-family gift exemption the DMV defines immediate family as parent, step-parent, sibling, step-sibling, spouse, child or step-child. Under § 31-4-6 the vehicle may continue to be operated on the existing registration until the legal representative transfers possession or the registration expires, whichever comes first.
Next of Kin or Adult Children: No Surviving Spouse, No Executor
Documents needed:
- Certificate of title in the deceased person's name
- Sole Heir Affidavit (Affidavit and Assignment of Title), properly completed and notarized
- Original death certificate (the DMV photocopies it and returns the original)
- Bill of sale or letter of gift; a gift from anyone who is not an immediate family member needs a notarized gift letter
- Affidavit of Gift of Motor Vehicle (SU 87-65) if the vehicle is a gift
- Application for Registration (TR-1), completed and signed by the new registrant
- Sales or use tax exemption certificate (Tax Exempt Certificate T-333-1) or Sales Tax Form (T-334)
Complete the Sole Heir Affidavit before a notary. The affidavit states that the signers are the sole heirs, that no letters testamentary or letters of administration have been issued, that no petition for them is pending, and that there are no liens or encumbrances on the vehicle. Leave the assignment on the back of the title blank. Bring the affidavit, a certified death certificate, the title, and the registration and tax forms to a DMV office.
The affidavit is sworn under penalty of perjury and requires the odometer reading. It cannot be used if there is a lien on the vehicle or if any probate appointment has been issued or applied for.
Parents of Deceased: No Surviving Spouse or Executor
Documents needed:
- Certificate of title in the deceased person's name
- Original death certificate (the DMV photocopies it and returns the original)
- Sole Heir Affidavit (Affidavit and Assignment of Title), properly completed and notarized
- Bill of sale or letter of gift; a gift from anyone who is not an immediate family member needs a notarized gift letter
- Affidavit of Gift of Motor Vehicle (SU 87-65) if the vehicle is a gift
- Application for Registration (TR-1), completed and signed by the new registrant
- Sales or use tax exemption certificate (Tax Exempt Certificate T-333-1) or Sales Tax Form (T-334)
The parents complete and notarize the Sole Heir Affidavit, leave the assignment on the back of the title blank, and present the affidavit with the original death certificate, the title and the registration and tax forms at a DMV office.
Parents are immediate family for the DMV's gift-tax definition, so a transfer from the estate to a parent does not need a notarized gift letter.
Small Estate: No Survivors, No Executor
Documents needed:
- Certificate of title in the deceased person's name
- Original death certificate (the DMV photocopies it and returns the original)
- Certification of appointment of voluntary administrator (§ 33-24-1) or of voluntary executor (§ 33-24-2), issued by the probate court of the city or town where the decedent resided
- Bill of sale or letter of gift; a gift from anyone who is not an immediate family member needs a notarized gift letter
- Affidavit of Gift of Motor Vehicle (SU 87-65) if the vehicle is a gift
- Application for Registration (TR-1), completed and signed by the new registrant
- Sales or use tax exemption certificate (Tax Exempt Certificate T-333-1) or Sales Tax Form (T-334)
Wait thirty days from the date of death. File the verified statement with the probate court of the city or town where the decedent resided, with a certificate of death and the $30.00 filing fee; pay $5.00 more for the certification of appointment. Bring that certification to a DMV office with the title, the death certificate and the registration and tax forms.
The small-estate route is only open if no petition for letters testamentary or letters of administration has been filed with that probate court. Rhode Island probate is municipal, so the filing goes to the city or town where the decedent lived, never to a county.
Jointly Titled Vehicle
Documents needed:
- Certificate of title showing both owners
- Original death certificate of the deceased co-owner
- Application for Registration (TR-1), completed and signed
- Tax Exempt Certificate (T-333-1) or Sales Tax Form (T-334)
- For a spouse co-owner: the current registration in the deceased spouse's name
A surviving spouse follows the surviving-spouse route above and pays no title fee. A surviving co-owner who is not the spouse should contact the DMV Research/Title Office, 600 New London Avenue, Cranston, before filing, because Rhode Island publishes no joint-owner survivorship path for vehicle titles.
Do not assume a Rhode Island vehicle title carries survivorship. Rhode Island law presumes tenancy in common for real property under § 34-3-1, and the title chapter is silent on the question for vehicles, so the survivorship assumption that holds in many states is unverified here.
Forms
- Affidavit and Assignment of Title - Sole Heir Affidavit(Published by the DMV Research/Title Office, 600 New London Avenue, Cranston. Sworn under penalty of perjury before a notary; the notary's commission expiration date is mandatory. Requires the odometer reading and a certified copy of the death certificate. The heirs must state that no letters testamentary or letters of administration have been issued, that no petition for them is pending, and that there are no liens or encumbrances on the vehicle. Revision stamp on the form: rev. 07/20. The DMV prints no form number on this document, so none is recorded here.)
- Application for Title (TR-2 / TR-9)(TR-2 / TR-9)(Listed on the official DMV Title Forms index. Duplicate titles are processed at the Cranston headquarters only.)
- Application for Registration TR-1(TR-1)
- Tax Exempt Certificate (T-333-1)(T-333-1)
- Affidavit of Gift of Motor Vehicle (SU 87-65)(SU 87-65)
- Sales Tax Form (T-334)(T-334)
Fees
Dollar figures read from the official DMV Registration & Title Fees table on 2026-08-02 and re-confirmed the same day in a real browser. Paying by credit card adds a third-party service fee of at least $1.55 per transaction, or 2.40% for transactions of $65.00 and over, which goes to Federal Payments and not to the DMV. Rhode Island licenses and registrations also carry surcharges under the Transportation Investment and Debt Reduction Act of 2011, effective July 1, 2013.
Small-estate vehicle transfer
Rhode Island has a small-estate route but no separate small-estate affidavit for vehicles. Where a decedent's estate is entirely personal property worth no more than $15,000 exclusive of tangible personal property, a relative or interested party may be certified as voluntary administrator under § 33-24-1, or the person named in the will as voluntary executor under § 33-24-2, by the probate court of the city or town where the decedent lived. The DMV accepts that certification as the authority to transfer a vehicle in its 'No Survivors, No Executor' scenario. Where there is a spouse, or heirs who can sign the Sole Heir Affidavit, those simpler routes come first and no small-estate filing is needed.
Threshold: $15,000
The voluntary administrator must first pay funeral and last-illness expenses and the necessary expenses of administration without a fee for their own services, then the debts in the § 33-12-11 order, then distribute the balance to the surviving spouse or, if none, under § 33-1-10. A voluntary administrator is liable as an executor in their own wrong to anyone aggrieved by the administration. The DMV page labels this route 'Voluntary Executor under small estates RIGL 33-24.1'; there is no chapter 33-24.1 in the General Laws, and the sections it refers to are § 33-24-1 and § 33-24-2.
Lost or duplicate title
If the Rhode Island certificate of title is lost, stolen, mutilated, destroyed or has become illegible. Order the duplicate before starting a transfer at death, because the DMV needs the title in the deceased owner's name for any vehicle of model year 2001 or newer.
Duplicate titles are processed at the DMV headquarters in Cranston only. Complete the Application for Title (TR-2 / TR-9); the Research Office at Cranston can help document the vehicle's information. A duplicate can only be issued for an actively titled Rhode Island vehicle and only to the owner listed on the original title, or to the lienholder if a lien is still on file. Under § 31-3.1-11(b) the DMV will not issue a certificate of title to a transferee on an application made on a duplicate until fifteen days after receiving the application.
Fee: $53.5
The first lienholder applies where one is named on the title; otherwise the owner or the owner's legal representative applies. The duplicate is mailed to the first lienholder named on it, or to the owner if there is none, and carries the legend 'this is a duplicate certificate and may be subject to the rights of a person under the original certificate.' Rhode Island does not require a new title once a lien is paid off, but if the original title was issued with a lienholder listed, an original lien release must accompany the application to receive a lien-free title.
Helpful resources
- RI DMV - Transfer at Death
The Division of Motor Vehicles page covering all four death-transfer scenarios, with the forms each one needs.
- RI DMV - Surviving Spouse
Documents a surviving spouse needs, and the DMV's no-cost policy for a spouse.
- RI DMV - Sole Heir Affidavit
The notarized affidavit that replaces the assignment on the back of the title when heirs take a vehicle with no spouse and no appointed fiduciary.
- RI DMV - Registration & Title Fees
Official fee table for title transfers, new titles, duplicate titles and lien statements.
- RI DMV - Locations & Hours
Cranston headquarters and the open branch offices. Duplicate titles and Research Office work happen at Cranston only, by reservation.
- RI DMV - Title Forms
Official index of Rhode Island title forms, including the Sole Heir Affidavit and the Application for Title (TR-2 / TR-9).
- R.I. Gen. Laws § 31-3.1-37 - Passage of title upon death of owner
The statute that passes a decedent's vehicles to the surviving spouse and waives the title fee.
- R.I. Gen. Laws § 33-24-1 - Voluntary informal administration of small estates
The $15,000 small-estate route, filed with the probate court of the city or town where the decedent lived.
Statewide forms and steps live in the vehicle title transfer guide. If the title cannot be found, see selling a car without a title.
Vehicle sources (18)
- https://dmv.ri.gov/registrations-plates-titles/registration/transfer-death
- https://dmv.ri.gov/registrations-plates-titles/registration/surviving-spouse
- https://dmv.ri.gov/registrations-plates-titles/registration/registration-title-fees
- https://dmv.ri.gov/registrations-plates-titles/titles
- https://dmv.ri.gov/forms/title-forms
- https://dmv.ri.gov/licenses-permits-ids/locations-hours
- https://dmv.ri.gov/media/431/download?language=en
- https://dmv.ri.gov/media/866/download?language=en
- https://webserver.rilegislature.gov/Statutes/TITLE31/31-3.1/31-3.1-37.htm
- https://webserver.rilegislature.gov/Statutes/TITLE31/31-3.1/31-3.1-14.htm
- https://webserver.rilegislature.gov/Statutes/TITLE31/31-3.1/31-3.1-16.htm
- https://webserver.rilegislature.gov/Statutes/TITLE31/31-3.1/31-3.1-11.htm
- https://webserver.rilegislature.gov/Statutes/TITLE31/31-3.1/31-3.1-15.htm
- https://webserver.rilegislature.gov/Statutes/TITLE31/31-4/31-4-6.htm
- https://webserver.rilegislature.gov/Statutes/TITLE31/31-2/31-2-1.htm
- https://webserver.rilegislature.gov/Statutes/TITLE33/33-24/33-24-1.htm
- https://webserver.rilegislature.gov/Statutes/TITLE33/33-24/33-24-2.htm
- https://webserver.rilegislature.gov/Statutes/TITLE33/33-9/33-9-1.htm
Sources for this page (12)
The facts above come from these official sources. Verify current details with the office before filing.
- webserver.rilegislature.govhttps://webserver.rilegislature.gov/Statutes/TITLE33/33-11/33-11-5.htm
- webserver.rilegislature.govhttps://webserver.rilegislature.gov/Statutes/TITLE33/33-22/33-22-21.htm
- webserver.rilegislature.govhttps://webserver.rilegislature.gov/Statutes/TITLE33/33-22/33-22-29.htm
- webserver.rilegislature.govhttps://webserver.rilegislature.gov/Statutes/TITLE33/33-24/33-24-1.htm
- webserver.rilegislature.govhttps://webserver.rilegislature.gov/Statutes/TITLE42/42-8.1/42-8.1-20.htm
- webserver.rilegislature.govhttps://webserver.rilegislature.gov/Statutes/TITLE8/8-9/8-9-6.htm
- webserver.rilegislature.govhttps://webserver.rilegislature.gov/Statutes/TITLE8/8-9/8-9-9.htm
- exeterri.govhttps://www.exeterri.gov/clerk
- exeterri.govhttps://www.exeterri.gov/clerk/page/probate-court-0
- exeterri.govhttps://www.exeterri.gov/media/3096
- exeterri.govhttps://www.exeterri.gov/media/3101
- sos.ri.govhttps://www.sos.ri.gov/divisions/business-services/probate-forms
You've seen what probate involves. Here's how to spare your own family.
A few simple steps (naming beneficiaries, a transfer-on-death deed where your state allows it, or a living trust) can keep your estate out of court.
See how to avoid probate in Rhode IslandFrequently Asked Questions
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Verified against Exeter Probate Court on 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.