After a death in Rhode Island

Small estates

Small estate procedure (R.I. Gen. Laws 33-24-1). Can be used when the estate is only personal property worth $15,000 or less. Household goods, cars and other tangible personal property do not count toward the limit. It cannot be used if there is real estate in the person’s name alone. After 30 days from the death, a surviving spouse, child, grandchild, parent, brother, sister, niece, nephew, aunt, uncle, or other interested adult who lives in Rhode Island files a small estate affidavit with the probate court of the city or town where the person lived. Filing fee is $30 plus $5 for a certificate. No bond is needed.

• Limit: $15,000 (personal property only, not counting tangible personal property)
• Waiting time after the death: 30 days
• Source: the official source

Probate court

In Rhode Island, estates are handled by the Probate court of the city or town where the person lived. Each Rhode Island city and town runs its own probate court., usually in the county where the person lived.

Creditor claims: 6 months from the first publication of the notice to creditors (R.I. Gen. Laws 33-11-5).

Official court forms

Probate Forms | Rhode Island Secretary of State

The official statewide probate court forms, posted by the Rhode Island Secretary of State as state law requires.

Small estate form: open the form

Rhode Island probate courts are run by each city or town. PC-1.9 is the small estate form (up to $15,000) when there is a will. When there is no will, use PC-1.10: https://docs.sos.ri.gov/documents/BusinessServices/PC1.10-petition-for-voluntary-informal-administrator.pdf

Estate and inheritance tax

• State estate tax: Yes, for estates above $1,838,056. For deaths on or after January 1, 2026, the first $1,838,056 of an estate is sheltered by a credit of $87,940. The tax is figured on the whole taxable estate using the old federal state death tax credit table (rates up to 16 percent), then the credit is subtracted. The amount is raised for inflation every January 1. Form RI-706 is due 9 months after death. The $50 filing fee was dropped for deaths on or after January 1, 2025. A 2026 bill (H8190) to raise the exemption to $5 million died in committee.
• Inheritance tax: No. Rhode Island has no inheritance tax.

The federal estate tax applies only to very large estates. Most families do not owe it.

Property that passes outside probate

• Transfer on death deed for a home: No. Rhode Island does not allow transfer on death deeds for real estate. Bills to adopt one failed in 2024, 2025 and 2026 (S2050 passed the Senate in June 2026 but did not become law). Families usually use joint ownership with right of survivorship or a living trust instead.
• Community property state: No.

Accounts with a named beneficiary, jointly owned property and property in a living trust usually pass directly, without probate, in every state.

Wills

Signing a will: In writing and signed by the will maker (or by another person at their direction and in their presence) before two or more witnesses who are present at the same time. The witnesses then sign. No notary is needed to make the will valid. Witnesses may sign an affidavit (R.I. Gen. Laws 33-7-26) so the court can accept the will without their testimony.

Handwritten wills: Not valid. Rhode Island requires every will to be signed before two witnesses who are present at the same time.

Power of attorney and health care directive

Financial power of attorney: Rhode Island has a statutory short form power of attorney (R.I. Gen. Laws 18-16-2). It must be acknowledged before a notary, the same way as a real estate deed. The form says it is not affected by the person’s later incompetency, which makes it durable.

Health care directive: Durable Power of Attorney for Health Care (R.I. Gen. Laws 23-4.10-2): sign before two qualified adult witnesses or one notary. The agent, health care providers and their employees, and care facility operators and their employees cannot be witnesses. At least one witness (or the notary) must also swear they are not related and do not inherit. Living Will Declaration (R.I. Gen. Laws 23-4.11-3): sign before two witnesses who are not related to you by blood or marriage. See the state form.

Death certificates

Certified copies come from the Rhode Island Department of Health, Center for Vital Records, 6 Harrington Road, Cranston. Phone 401-222-5960.. The fee is $22 for the first certified copy in person ($25 by mail). $18 for each extra copy ordered at the same time.. The funeral home can usually order them for you.

The person named (if an adult), spouse, parents, descendants, and others with a personal or property right may order. Online orders go through VitalChek. Mail orders take about 4 to 6 weeks.

Most families need 6 to 12 certified copies. Banks, insurers and brokerages usually want a certified copy.

Also good to know

Rhode Island’s estate tax starts far below the federal level ($1,838,056 for 2026) and the amount changes every January. Probate is handled by local city and town probate courts, not a statewide court.