Johnston Probate Court Guide

Rhode Island's small-estate path. Thirty days after the death, a qualified person files a sworn statement with this court and is appointed voluntary administrator, or voluntary executor if the will names one, without a full administration. The $15,000 ceiling measures the personal property that would otherwise go on a § 33-9-1 probate inventory, EXCLUSIVE of tangible personal property, so a car does not count toward it. Any Rhode Island real property in the estate closes this route.

• The decedent left no Rhode Island real property
• Inventoriable personal property of $15,000 or less, exclusive of tangible personal property
• At least 30 days have passed since the death
• Sworn statement filed with this probate court on the statewide PC form
• The $34 statutory filing fee (§ 33-22-21 plus the § 42-8.1-20 assessment), plus $5 for the certification of appointment

Qualifies:

$15,000

Filing fee (minimum):

$34

- the total scales with estate value source

Typical duration:

1-3 months

Attorney:

not required by law, though many families use one

The probate court admits the will, or grants administration if there is no will, appoints an executor or administrator, issues certificates of appointment, and supervises the inventory, the creditor claims, the Rhode Island estate tax statement and the final account. The petition is filed at the Town Clerk counter on the statewide form (PC-1.5 to probate a will, PC-1.1 for administration) in the city or town where the decedent lived.

• Petition on the statewide PC form, filed in the city or town where the decedent resided
• Certified death certificate
• The statutory fee under § 33-22-21 plus the § 42-8.1-20 assessment, a $34 minimum, paid before the petition is filed, plus the advertising cost or signed waivers
• Notice by advertisement under § 33-22-11, once a week for at least two weeks, unless waived on form PC-9.1
• Notice to the Executive Office of Health and Human Services where the decedent was 55 or older at death
• Inventory returned under oath within 90 days of appointment (§ 33-9-1)
• Account on completion of administration, 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 inventoried personal property exceeds $15,000.

Filing fee (minimum):

$34

- the total scales with estate value source

Typical duration:

8-14 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

Filing fee (minimum):

$30

- the total scales with estate value source

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

Filing fee (minimum):

$30

- the total scales with estate value source

Attorney:

not required by law, though many families use one

Where there is nothing to administer, a fiduciary nominated in the will may deposit the will with the probate court under an affidavit stating the date of death (with a certified death certificate), that the funeral bill is paid (with a receipt), the names and addresses of the heirs at law, and that no letters have issued and there are no probate assets. The clerk keeps the will and gives a receipt. Form PC-1.4, Petition to File Will with No Assets.

Qualifies:

No probate assets

Filing fee (minimum):

$30

- the total scales with estate value source

Attorney:

not required by law, though many families use one

A will proved outside Rhode Island is presented here on form PC-1.3 (Ancillary Petition) or PC-1.6 (Foreign Will). A foreign administrator, executor or guardian petitioning to transfer or sell Rhode Island property pays the same one per cent fee under § 33-22-21, on the same $30 to $1,500 band.

Qualifies:

A decedent who lived outside Rhode Island but owned Rhode Island real or personal 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