Rhode Island Inheritance: Plan an Estate or Settle One

Rhode Island has not adopted the Uniform Probate Code, has not enacted the Uniform Trust CodeR.I. Gen. Laws Title 18, Chapter 18-4 (Powers of Fiduciaries); § 18-4-27 (validity of trusts)Verified Oct 17, 2026View source, and has not adopted the Uniform Power of Attorney ActR.I. Gen. Laws § 18-16-2Verified Sep 20, 2026View source.

Probate of a simple estate in Rhode Island runs 6 months to 12 months; an average estate takes 12 months to 18 months. The court filing fee is $4 plus 1% of personal property, minimum $34, up to $1,504R.I. Gen. Laws § 33-22-21(a); § 42-8.1-20(b)Verified Sep 8, 2026View source; attorney fees are reasonable compensationR.I. Gen. Laws (no statutory schedule; court discretion applies)Verified Sep 8, 2026View source; executor compensation typically runs 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source of the estate. On a $500,000 estate the estimated total comes to $28,582R.I. Gen. Laws (no statutory schedule; court discretion applies)Verified Sep 8, 2026View source. The personal representative must post a bondR.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, which the will may waiveR.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.

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 at $22Rhode Island Department of Health - Center for Vital RecordsVerified Oct 15, 2026View source a copy, $18Rhode Island Department of Health - Center for Vital RecordsVerified Oct 15, 2026View source for each additional copy ordered with it. Processing time: 4-6 weeks for mailRhode Island Department of Health - Center for Vital RecordsVerified Oct 15, 2026View source. Once appointed, 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.

A surviving spouse left out of the will can elect to take a statutory share insteadR.I. Gen. Laws §§ 33-28-1, 33-28-3, 33-28-4; §§ 33-1-5, 33-1-6, 33-1-10Verified Sep 15, 2026View source. Property left to a minor under the Uniform Transfers to Minors Act is released at 21 yearsR.I. Gen. Laws § 18-7-21Verified Sep 15, 2026View source of age. Rhode Island taxes incomeR.I. Gen. Laws § 44-30-2.6Verified Sep 20, 2026View source at a top rate of 5.99%R.I. Gen. Laws § 44-30-2.6Verified Sep 20, 2026View source. An heir's capital gains on inherited assets: 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.