How Much Does Probate Cost in Rhode Island?

If you’ve just been named executor, one of the first questions is usually what probate will cost. The honest answer is that it depends on the estate. Rhode Island does set some costs by statute, though, and the rest follow predictable factors. This guide walks through both so you can plan ahead.

One point to know up front: probate costs are generally paid from the estate, not out of the executor’s own pocket. Even when an estate can’t pay all of its debts, Rhode Island law deducts the charges of administration first, before the creditors are paid in their statutory order (R.I. Gen. Laws § 33-12-11). If an executor does pay an estate expense personally, it’s generally reimbursed from estate funds, though if the estate is contested the executor may need court approval before being reimbursed.

Probate Court Fees Set by Statute

Rhode Island’s probate court filing fees are set by state law in R.I. Gen. Laws § 33-22-21, so the base fee works the same way in every city and town.

The petition fee. To probate a will or open an administration, the fee is 1% of the decedent’s personal property over which the court has jurisdiction, with a minimum of $30 and a maximum of $1,500. For example, an estate with $80,000 of personal property would carry an $800 petition fee, and one with $400,000 would hit the $1,500 cap. The fee is:

• not paid when the petition is filed,
• paid after the inventory is submitted, and
• based on the personal property listed in the inventory.

That one fee generally covers the later filing and recording fees in the same case, with some listed exceptions.

Real estate isn’t part of the percentage. The fee is based on personal property, meaning bank accounts, investments, vehicles, and similar assets. Real estate isn’t included, which is consistent with the probate inventory itself (§ 33-9-1).

Other statutory fees. Section 33-22-21 also lists several flat fees, including:

• $30 for an affidavit of completed administration
• $30 for a petition to file a claim out of time
• $30 for a petition to remove a fiduciary
• $5 for a certificate of appointment
• $1.50 per page for copies, and $3 to certify a probate document

The small estate route. If an estate qualifies for voluntary administration, the filing fee is $30, plus $5 for the certificate of appointment (§§ 33-24-1, 33-24-2). See our small estate guide to find out whether the estate qualifies.

Local court charges. Some city and town probate courts add their own charges, such as newspaper advertising and records fees, on top of the statutory filing fee. Each court publishes its own schedule, so check the local probate court’s fee information for the city or town where the estate is opened.

Costs That Vary From Estate to Estate

The court fee is only one piece. The other costs depend on the estate and the people involved.

Newspaper notice

Most probate petitions require published notice before the hearing, usually once a week for two weeks in a newspaper the court designates (§ 33-22-11). When the court arranges the ad, the cost is paid to the clerk in advance. The price depends on the newspaper and the court. When everyone entitled to notice signs a waiver, some matters can be heard without an advertised hearing, which can reduce this cost.

Bond premium

Before acting, an executor or administrator gives the court a bond (§ 33-17-1). If the bond needs a surety, usually an insurance company, there’s an annual premium based mainly on the size of the estate. Many wills waive surety (§ 33-17-4), and in some intestate estates the court can waive it, for example when the administrator is the surviving spouse or sole heir (§ 33-17-1.2). Even then, the court can still require surety if circumstances warrant.

Appraisals and valuation

The inventory must value assets as of the date of death (§ 33-9-1). Bank and brokerage statements usually show those values. Real estate, a business interest, collectibles, or vehicles may need an appraisal, especially if the property will be sold or divided, or if taxes depend on the value.

Accountants and tax preparers

The decedent’s final income tax returns still need to be filed, and an estate that earns income during administration may need its own returns. Larger estates may also face estate tax filings. The cost depends on how complex the finances are.

Real estate and property costs

If the estate owns a house, the costs of keeping it can be significant: insurance, utilities, taxes, maintenance, and, if it’s sold, the usual closing costs. Selling real estate may also require a petition and court approval (§§ 33-12-4, 33-12-6).

Executor compensation

Rhode Island allows executors and administrators “such compensation for their services as the probate court shall consider just” (§ 33-14-8). There’s no fixed percentage in the statute. Many family-member executors choose not to take a fee, especially when they’re also a beneficiary.

Attorney’s fees

Rhode Island has no statutory fee schedule for probate attorneys. Legal fees are an administration expense, and the court reviews them as part of the account. Some courts ask for an affidavit of time spent and hourly rates with the account.

Aptt Law handles probate on an hourly basis. That means the total depends on how much time the estate actually needs. The main things that affect it are:

• the number and types of assets, and how easy it is to find date-of-death values
• whether real estate or a business interest has to be valued, managed, or sold, including any court approvals
• whether there’s a will, and whether heirs and beneficiaries are easy to locate and willing to sign waivers
• how many creditor claims come in and how many need review or a formal disallowance
• tax filings for the decedent and the estate
• whether the estate closes by full final account or by affidavit of completed administration
• how much of the work you’d like us to take on, and how much you handle yourself

Good organization on the executor’s side, such as gathering statements early and keeping records of every payment, can reduce the time needed.

Ways to Help Manage Probate Costs

You can’t control every cost, but some habits can help:

• Get organized early. Collect statements, deeds, titles, and beneficiary forms before the first meeting.
• Use waivers when family members agree. Signed waivers can reduce advertised hearings and the time spent on notice.
• Check what actually needs probate. Jointly owned assets and accounts with named beneficiaries usually pass outside the estate.
• Consider the small estate process if the estate is only personal property worth $15,000 or less, excluding household goods.
• Keep records of every payment so the final account is straightforward to prepare.
• Plan ahead for your own estate. A trust, beneficiary designations, and joint ownership can reduce what your family has to take through probate later.

For a step-by-step overview of the process, see our Rhode Island probate page, and for the wider settlement work, our estate administration and settlement services.

Frequently Asked Questions

What is the probate court filing fee in Rhode Island?

For a petition to probate a will or open an administration, it’s 1% of the decedent’s personal property, with a $30 minimum and a $1,500 maximum (R.I. Gen. Laws § 33-22-21). It’s paid after the inventory is submitted, not when the petition is filed. Local advertising and records charges may be added.

Is the fee based on the whole estate, including the house?

No. It’s based on personal property within the court’s jurisdiction, so real estate isn’t counted.

Who pays probate costs?

The estate generally does. Administration expenses are paid from estate funds before distributions to beneficiaries.

Does the executor get paid in Rhode Island?

The executor may receive compensation the probate court considers just (§ 33-14-8). There’s no set percentage.

Is probate cheaper if there’s a will?

Not necessarily in court fees, which are the same either way. A clear will can reduce the chance of disagreements and may simplify bond requirements, which can affect the overall time involved.

Talk With Our Team

If you’d like a realistic picture of what probate will involve for a specific estate, call (401) 264-0654. We’re at 5700 Post Road, Suite 11, East Greenwich, with on-site parking, and remote video meetings are available.

This guide is general information about Rhode Island law as of November 2026, not legal advice. Fees and procedures can change, and individual courts may have local practices.