Do I Need Probate in Rhode Island?

A $15,000 personal estate and a $5,000 personal estate get the same answer if either one includes a house.

R.I. Gen. Laws Title 33

Quick answer: personal property only, at or under $15,000, no real estate — the voluntary executor/administrator certification. Any real property present, or personal property above that threshold — full probate. Check your own numbers with the Rhode Island small estate checker.

Real estate always needs its own path

Worth knowing: small personal estates valued at $15,000 or less with no real estate are eligible for summary probate — the moment real estate is involved, this simplified path is off the table, no matter how modest the rest of the estate is.

A specific, three-week publication requirement

Creditor notice must be published in a local newspaper for 3 consecutive weeks and mailed to all known creditors, with a 6-month creditor claim period running from first publication — no final distribution is permitted before that period ends.

A 90-day inventory deadline

An inventory of estate assets must be filed with the probate court within 90 days of the personal representative's appointment, under RIGL §33-9-1.

What skips probate before any threshold matters

Assets titled in a revocable living trust, and beneficiary designations on 401(k)s, IRAs, life insurance, and annuities, all pass outside of probate and override the will.

The decision, in order

  1. Is the asset in a trust, jointly held, or covered by a beneficiary designation? → Skips probate entirely.
  2. No real property, personal property at or under $15,000? → Voluntary executor/administrator certification.
  3. Any real property present, or personal property above $15,000? → Full probate through the municipal probate court.
Facing probate in Rhode Island?

A local probate attorney can review your estate — many offer a free consultation.

Talk to a Rhode Island attorney

Whichever track applies, filing happens with the probate court of the decedent's own city or town — Rhode Island has 39, with no county-level court in between.

Do I need probate — frequently asked questions

Does owning any Rhode Island real estate always mean probate is required?

Generally yes, absent a trust, TOD arrangement, or joint titling — the small estate voluntary executor process excludes real estate entirely, regardless of value.

What is Rhode Island's creditor notice requirement?

Notice must be published in a local newspaper for 3 consecutive weeks and mailed to all known creditors, with a 6-month creditor claim period running from first publication.

What is the inventory deadline for a Rhode Island personal representative?

An inventory of estate assets must be filed with the probate court within 90 days of the personal representative's appointment, under RIGL §33-9-1.

What assets skip Rhode Island probate regardless of these thresholds?

Assets titled in a revocable living trust, and beneficiary designations on 401(k)s, IRAs, life insurance, and annuities, all pass outside of probate and override the will.

This page provides general guidance only and is not legal advice. Based on R.I. Gen. Laws Title 33, RIGL §33-9-1. Actual requirements depend on the estate's full facts. Confirm with the municipal probate court or a licensed Rhode Island attorney before acting.