How Do I Settle an Estate in Rhode Island?
Settling an estate in Rhode Island: the personal representative files the estate inventory within 90 daysR.I. Gen. Laws §§ 33-9-1, 33-9-4Verified Sep 15, 2026View source of appointment; creditors have 6 monthsR.I. Gen. Laws §§ 33-11-4, 33-11-5, 33-11-5.1, 33-12-11, 33-22-11Verified Sep 15, 2026View source to present claims; a simple estate closes in 6 months to 12 months.
Settling an estate in Rhode Island means gathering the assets, notifying creditors, paying debts and taxes, and distributing what remains to the beneficiaries. Assets in a living trust settle privately without the court. An estate that needs probate takes 12 months to 18 months on average, and the creditor claim period of 6 monthsR.I. Gen. Laws § 33-11-5(a) (claims presented within six months from the first publication); § 33-11-1 (the period is reckoned from the probate clerk's first publication of the notice of qualification of the personal representative)Verified Sep 8, 2026View source is the floor. In a probate case the inventory of estate assets is due within 90 daysR.I. Gen. Laws §§ 33-9-1, 33-9-4Verified Sep 15, 2026View source of appointment, and Rhode Island requires a formal appraisalR.I. Gen. Laws §§ 33-9-1, 33-9-4Verified Sep 15, 2026View source.
Rhode Island allows estates with personal property of $15,000R.I. Gen. Laws § 33-24-1Verified Sep 8, 2026View source or less to use the Voluntary Informal AdministrationR.I. Gen. Laws § 33-24-1Verified Sep 8, 2026View source, which avoids full probate administration. In Rhode Island the affidavit is filed with the court, and holders honor the court's certified copy — but no letters testamentary or of administration issue. The waiting period is 30 daysR.I. Gen. Laws § 33-24-1Verified Sep 8, 2026View source after death.
The creditor claim period of 6 monthsR.I. Gen. Laws §§ 33-11-4, 33-11-5, 33-11-5.1, 33-12-11, 33-22-11Verified Sep 15, 2026View source runs from the first publication of the creditor notice, which follows the executor's appointment. The executor must publish notice in a local newspaperR.I. Gen. Laws §§ 33-11-4, 33-11-5, 33-11-5.1, 33-12-11, 33-22-11Verified Sep 15, 2026View source for 2R.I. Gen. Laws §§ 33-11-4, 33-11-5, 33-11-5.1, 33-12-11, 33-22-11Verified Sep 15, 2026View source consecutive weeks and send direct notice to known creditorsR.I. Gen. Laws §§ 33-11-4, 33-11-5, 33-11-5.1, 33-12-11, 33-22-11Verified Sep 15, 2026View source. Final distribution waits until the period has run.
Rhode Island requires a bond of the personal representative by defaultR.I. Gen. Laws § 33-17-1 (every executor, administrator and guardian shall give bond with sufficient surety); § 33-17-4 (a will's exemption from 'bond or surety' exempts only the surety); § 33-17-1.2 (no surety for a spouse/sole-heir intestate administrator)Verified Sep 8, 2026View source. The requirement can often be excusedR.I. Gen. Laws § 33-17-1 (every executor, administrator and guardian shall give bond with sufficient surety); § 33-17-4 (a will's exemption from 'bond or surety' exempts only the surety); § 33-17-1.2 (no surety for a spouse/sole-heir intestate administrator)Verified Sep 8, 2026View source, by a waiver in the will, agreement of the heirs, or court order. A corporate surety's premium runs about 0.5%R.I. Gen. Laws § 33-17-1 (every executor, administrator and guardian shall give bond with sufficient surety); § 33-17-4 (a will's exemption from 'bond or surety' exempts only the surety); § 33-17-1.2 (no surety for a spouse/sole-heir intestate administrator)Verified Sep 8, 2026View source of the bonded amount a year. The bond protects beneficiaries and creditors against mismanagement by the personal representative. The Rhode Island executor fee calculator covers what the role itself can charge.
In Rhode Island, a simple estate typically settles in 6 months to 12 months, and an average estate in 12 months to 18 months. An estate with a dispute, a tax issue or an unusual asset runs longer.
Is this your situation?
Get a complete guide for your specific circumstances.
Death of a Parent
A step-by-step guide to what happens after a parent dies: the documents to find, the certificates to order, and whether probate is even required.
Learn more
Loss of a Spouse
What a surviving spouse needs to do: death certificates, survivor benefits, whether probate is even required, and the tax election that expires.
Learn more
Named as Executor
What an executor actually does: getting appointed, notifying creditors, paying debts and taxes, and where personal liability starts.
Learn more
Named as Trustee
Being named trustee means managing trust assets and carrying out the grantor's wishes. Your duties, timeline, compensation, and how to get started.
Learn moreForms for Settling an Estate in Rhode Island
Free forms for settling an estate in Rhode Island: the probate petition, small estate affidavit, notice to creditors, inventory, and closing forms.
Digital Assets Recovery Letter
Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.
Petition for Probate and Letters
In Rhode Island, the petition asks the Municipal Probate Court of the city or town where the decedent resided to appoint the personal representative, whose authority is proved by Letters Testamentary or Letters of Administration; every appointment goes through the court.
Notice to Creditors
In Rhode Island, the notice to creditors is published for 2R.I. Gen. Laws §§ 33-11-4, 33-11-5, 33-11-5.1, 33-12-11, 33-22-11Verified Sep 15, 2026View source weeks in a local newspaper, and creditors have 6 monthsR.I. Gen. Laws § 33-11-5(a) (claims presented within six months from the first publication); § 33-11-1 (the period is reckoned from the probate clerk's first publication of the notice of qualification of the personal representative)Verified Sep 8, 2026View source from first publication to present claims.
Renunciation of Executor
In Rhode Island, a person named as executor may decline to serveR.I. Gen. Laws § 33-8-4; PC-3.4 Acceptance/Declination (Rev. 03/21)Verified Sep 23, 2026View source before anyone is appointed.
Affidavit of Heirship
In Rhode Island, heirs put their identity on the land records with a recorded affidavit of facts affecting title that states who the heirs areR.I. Gen. Laws §§ 34-13-1(11), 34-13-2Verified Sep 24, 2026View source.
Small Estate Affidavit
In Rhode Island, the Voluntary Informal AdministrationR.I. Gen. Laws § 33-24-1Verified Sep 8, 2026View source covers estates with personal property of $15,000R.I. Gen. Laws § 33-24-1Verified Sep 8, 2026View source or less, 30 daysR.I. Gen. Laws § 33-24-1Verified Sep 8, 2026View source after death, filed with the court.
Estate Inventory
In Rhode Island, the personal representative files the estate inventory within 90 daysR.I. Gen. Laws §§ 33-9-1, 33-9-4Verified Sep 15, 2026View source of appointment.
Estate Closing
In Rhode Island, the personal representative is discharged by court orderR.I. Gen. Laws § 33-14-11Verified Sep 15, 2026View source, and a final accounting is required unless it is waived.
Tools for Settling an Estate in Rhode Island
Free tools for settling an estate in Rhode Island: whether probate is needed, executor and trustee pay, creditor deadlines, and inheritance taxes.
How Many Death Certificates Do I Need?
In Rhode Island, certified death certificates come from the Rhode Island Department of Health - Center for Vital RecordsRhode Island Department of Health - Center for Vital RecordsVerified Oct 15, 2026View source; the first copy costs $22Rhode Island Department of Health - Center for Vital RecordsVerified Oct 15, 2026View source, additional copies $18Rhode Island Department of Health - Center for Vital RecordsVerified Oct 15, 2026View source each.
Do I Need Probate?
In Rhode Island, estates with personal property of $15,000R.I. Gen. Laws § 33-24-1Verified Sep 8, 2026View source or less use the Voluntary Informal AdministrationR.I. Gen. Laws § 33-24-1Verified Sep 8, 2026View source, 30 daysR.I. Gen. Laws § 33-24-1Verified Sep 8, 2026View source after death, a court filing short of full probate.
Do I Have to File Tax Returns for Someone Who Died?
Rhode Island requires a final state income tax return for the decedent alongside the federal Form 1040R.I. Gen. Laws § 44-30-2.6Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Do I Do When Someone Dies?
After a death in Rhode Island, the estate either qualifies for the simplified procedure for estates under $15,000R.I. Gen. Laws § 33-24-1Verified Sep 8, 2026View source or goes through probate, where creditors have 6 monthsR.I. Gen. Laws § 33-11-5(a) (claims presented within six months from the first publication); § 33-11-1 (the period is reckoned from the probate clerk's first publication of the notice of qualification of the personal representative)Verified Sep 8, 2026View source to file claims after notice.
How Much Are Estate & Inheritance Taxes?
Rhode Island levies an estate taxR.I. Gen. Laws § 44-22-1.1Verified Sep 15, 2026View source above $1,838,056R.I. Gen. Laws § 44-22-1.1Verified Sep 15, 2026View source (top rate 16%R.I. Gen. Laws § 44-22-1.1Verified Sep 15, 2026View source) and no inheritance tax; the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Taxes Apply to My Inheritance?
In Rhode Island, beneficiaries owe no inheritance tax and the estate pays any estate taxR.I. Gen. Laws § 44-22-1.1Verified Sep 15, 2026View source above $1,838,056R.I. Gen. Laws § 44-22-1.1Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 6 months to 12 months for a simple estate.
How Does Step-Up in Basis Work?
Inherited assets in Rhode Island take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces ordinary income tax at the state's regular ratesR.I. Gen. Laws § 44-30-2.6 (Rhode Island taxable income — Rate of tax); (b) reaches "residents and nonresidents, including estates and trusts"; (c)(2)(A) is the current bracket scheduleVerified Sep 15, 2026View source.
Hire a Rhode Island Probate Attorney
Browse 50 probate firms in Rhode Island with addresses, contact info, and practice details.
Your kids shouldn't have to do this.
Rhode Island Estate Settlement Resources
In-depth guides covering Rhode Island probate, estate administration, and settling an estate.