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Rhode Island · West Warwick Probate Court, one of the 39 municipal probate courts established under R.I. Gen. Laws Title 8, chapter 9

West Warwick 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.

$34+
Court filing fee, minimum
30 days
To deposit the will
6 months
Creditor claims, from death
(401) 822-9201
Filing office phone
Independent guide · Verified August 2026 · West Warwick Probate CourtSources (12)

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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 everything

West Warwick Town Clerk (registrar of vital statistics)

Cost: $22/copy
Get: 8 copies
Online: Available
Order Online
Office info
Address: West Warwick Town Hall, 1170 Main Street, West Warwick, RI 02893
Hours: Monday to Friday, 8:30 am to 4:30 pm

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

Will or trust documents
Property deeds
Bank/investment statements
Insurance policies
Vehicle titles
Tax returns (last 3 years)

Required by Law

First 30 days
30 days

Deposit the Will

Every person other than a probate clerk who has custody of a will must deliver it into this court within 30 days after notice of the testator's death. Delivering the will costs nothing. Where there are no assets to administer, the will is filed instead on form PC-1.4, Petition to File Will with No Assets, and that petition carries the $30 statutory fee plus the $4 § 42-8.1-20 assessment. (R.I. Gen. Laws § 33-7-5)

Cost: Free
Where: West Warwick Probate Court
Clerk Website

Creditor claim window

Creditors generally have 6 months from the first publication of notice of the qualification of the executor or administrator, NOT the date of death to bring claims against the estate. (R.I. Gen. Laws §§ 33-11-5, 33-11-5.1)

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?

1

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.

2

Is there a valid will? If yes, you'll file for probate with will. If no will exists, it's intestate probate.

3

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. 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

File for Probate

Where to file, forms & fees

Where to File

Office: West Warwick Probate Court
Address: West Warwick Town Hall, 1170 Main Street, West Warwick, RI 02893
Hours: Monday to Friday, 8:30 am to 4:30 pm
How: in person, mail
Get Forms

Free Filing Help Available

West Warwick Probate Court (counter assistance for self-represented fiduciaries) can help you understand forms and filing requirements at no cost.

Visit Self-Help Center

Other Topics That May Apply

Property & Real Estate

Property transfer after death, recording

West Warwick Town Clerk (land evidence records)

Website
West Warwick Tax Assessor (Rhode Island assesses real property city by city and town by town; there is no county assessor and no county property appraiser) Website

Small Estate Options

Simplified procedures that can avoid full probate

Voluntary informal administration statement (§ 33-24-1); voluntary executor statement where the will names an executor (§ 33-24-2)

Applies when the qualifying estate is under $15,000 (R.I. Gen. Laws §§ 33-24-1, 33-24-2).

Absolute disqualifier. Any Rhode Island real property in the estate closes this route no matter how small the estate.

Earliest filing: 30 days after death.

Form: Statewide PC-series form, obtained from the Rhode Island Department of State or from this clerk's counter

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.

Rhode Island Division of Motor Vehicles, Department of Revenue

Office Website

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

Transfer Title $53.50 on the official DMV Registration & Title Fees table; a New Title is the same $53.50. Every fee on that table includes the $3.50 technology surcharge. A surviving spouse pays nothing for the new certificate of title under § 31-3.1-37(2), and the DMV's Surviving Spouse page states that no costs are associated with that transaction.$53.5
Security Lien Statement $53.50, and Security Lien Statement (change) $53.50, on the same official fee table.$53.5
registration transferRhode Island passenger registration fees are based on vehicle weight and prorated by date, plus $3.50 and a $20.00 per year DOT surcharge, plus the electric-vehicle fee where it applies, so no single transfer figure exists. A surviving spouse pays no registration fee for the year where the deceased spouse had registered the vehicle and paid the § 31-6-1 fee for that year, and pays a pro rata amount for the remaining months of the year where the deceased spouse had not (§ 31-3.1-37(3)-(4)).

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.

Form:Application for Title (TR-2 / TR-9)(TR-2 / TR-9)

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

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)

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 Island

Frequently Asked Questions

How much does probate cost in West Warwick?
Probate filing fees in West Warwick, Rhode Island are set by a statewide scale based on estate value; the minimum filing fee shown on this page is $34, and larger estates pay more. Confirm current amounts with the Probate Court before filing.
How long does probate take in West Warwick?
Timelines depend on the probate procedure, the court, and whether notice or publication is required. Simplified procedures can range from a few weeks to several months, while full administration often takes 6-12 months or longer.
Do I need an attorney for probate in West Warwick?
Attorney requirements depend on the type of administration and your specific situation. Consider talking with a probate attorney before filing or making legal decisions.

More Rhode Island Resources

Explore the rest of the Rhode Island probate hub.

Do I need probate?5 pages
For the executor5 pages
Money and taxes4 pages
Family and inheritance5 pages
Transfer assets5 pages
File and learn5 pages

Verified against West Warwick 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.