Rhode Island Probate Real Estate Sale Calculator

No county probate courts at all — just 39 separate municipal courts, one per city and town.

Based on R.I. Gen. Laws Title 33 FigureMyTax Editorial Team Free · no sign-up

Selling a Rhode Island probate house

Enter the sale price to see the typical cost picture.

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Estimated cost of this Rhode Island probate sale
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Thirty-nine courts, not one per county

A surviving spouse doesn't automatically own the house outright

Under intestacy, a surviving spouse receives only a life estate in real property by default, not outright ownership, and must petition the court to inherit up to $150,000 of real estate outright if there are surviving descendants, or $75,000 if there are none.

No statutory fee percentage

Executors are entitled to "just" compensation, reviewed by the court for reasonableness — there's no percentage schedule to fall back on.

A state estate tax with a notably low threshold

Rhode Island has its own state estate tax with a 2026 exemption of roughly $1.84 million, adjusted annually for inflation, and rates up to 16% — a much lower threshold than the federal exemption. See Capital Gains Tax on the Sale for the separate tax on the gain itself.

Rhode Island probate real estate sale — frequently asked questions

Which court handles a Rhode Island probate real estate sale?

One of 39 separate municipal probate courts, one for each city and town — Rhode Island's five counties are geographic only and run no court of their own.

Does a surviving spouse automatically own the house outright without a will?

Not by default — intestacy gives the surviving spouse only a life estate in real property, and they must petition the court to inherit up to $150,000 of real estate outright (or $75,000 with no surviving descendants).

How much does a Rhode Island executor get paid for selling the house?

Executors are entitled to "just" compensation, reviewed by the court for reasonableness — there's no statutory percentage schedule.

Does Rhode Island have a state estate tax on the sale?

Yes — Rhode Island has its own state estate tax with a notably low 2026 exemption of roughly $1.84 million and rates up to 16%.

What is Rhode Island's state tax rate on the sale's gain?

Up to 5.99% for 2026, since Rhode Island taxes capital gains as ordinary income with no preferential rate for long-term gains.

A deed recording fee tied specifically to the sale

Recording an executor's or administrator's deed in the city or town land evidence records carries an $80 fee, plus a separate $4 assessment — a real estate sale-specific cost on top of the ordinary probate filing fees.

This calculator provides an estimate for general guidance only and is not legal, tax, or financial advice. Figures are based on R.I. Gen. Laws §8-9-11, §34-13-7, and typical realtor commission rates. Actual costs depend on the estate's own facts. Confirm current figures with the municipal probate court or a licensed Rhode Island attorney before acting.