What to Do When Someone Dies in Newport, Rhode Island
Probate in Newport County runs through the City of Newport Probate Court: prove the will, settle the debts, and pass the house to the heirs. Here is how the local process works—and what each step actually costs.
When someone dies in Newport County, settling their estate runs through the City of Newport Probate Court. This page covers the court record, whether probate is required, what it costs, how to file, transferring property, and the local attorneys who handle probate here.
Paper filing availableWalk-ins acceptedSelf-filing allowed
Departments
Deputy City Clerk (probate filings and advertising deadlines)401-845-5349
NOTE: Rhode Island probate courts are organized by city/town, not by county. This is the probate court for the City of Newport, the largest municipality in Newport County. Residents of other Newport County towns must file in their own town probate court.
Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In Newport, probate runs through the City of Newport Probate Court at 43 Broadway, Newport.
The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under Rhode Island intestacy law when there is no will.
Most Rhode Island estates take 12 months to 18 months to move through this process. The 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 creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.
What Probate Costs in Newport County
What probate costs in Newport County, Rhode Island comes down to a handful of line items — the court filing fee, attorney and executor compensation, publication, and sometimes a bond — scaled by the estate's size and whether the will is contested. The case itself runs through the City of Newport Probate Court at 43 Broadway, Newport.
Probate matters are handled through the Deputy City Clerk (probate filings and advertising deadlines). Filing and payment go through these offices, not the main clerk window.
Local procedures at this court that affect cost: Probate of Will: $34; Administration advertising: $54. These are county-specific and not posted on the statewide court site.
Rhode Island charges $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 to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.
Estimate the costs for this estate:
Attorney fees in Rhode Island are negotiated, typically 2.1%R.I. Gen. Laws (no statutory schedule; court discretion applies)Verified Sep 8, 2026View source to 3.4%R.I. Gen. Laws (no statutory schedule; court discretion applies)Verified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Executor compensation is based on reasonable pay for time and effort — the states that do set a schedule pay 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 estate value. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
Rhode Island requires publishing creditor notice in a local newspaper, typically $200–$500. Professional appraisals for real estate or business interests add $300–$600 per asset.
A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 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 estate value annually.
Probate in Rhode Island typically runs 12 months to 18 months, and costs accrue throughout that period.
How to File Probate at the City of Newport Probate Court
Probate cases in Newport County are filed at the City of Newport Probate Court. File in person during business hours or by mail.
Filings here are routed through the Deputy City Clerk (probate filings and advertising deadlines). Confirm with the office which intake handles the petition type you're filing.
How to File Your Documents
Paper Filing Available
You can file your probate documents in person at the court or by mail.
Can You File Without an Attorney?
Not every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the City of Newport Probate Court is realistic.
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Before You File
Contact Deputy City Clerk for advertising deadlines
For advertising deadlines, contact Deputy City Clerk Carlos Alaan at 401-845-5349 or calaan@cityofnewport.com. Forms are downloaded through the State of Rhode Island Probate Forms.
Rhode Island probate courts are organized by city/town, not by county. File in the probate court of the municipality where the decedent resided at death.
Probate Court meets two times per month at 10:30 AM in the Second Floor City Council Chambers at Newport City Hall. Check the probate hearing calendar for specific dates.
You can file in person without an appointment. File at the City Clerk's office (Monday-Friday 8:30 AM - 4:30 PM). Contact the Deputy City Clerk for advertising deadlines.
Hearing schedule
Twice monthly at 10:30 AM
What to Bring
To file at the City of Newport Probate Court you need: the original will (or proof there isn't one), a certified death certificate, contact information for all heirs and beneficiaries, and a summary of what the estate owns and owes.
Transferring Property in Newport County
Clearing title to real estate after a death, whether by a personal representative’s deed, an affidavit of survivorship, or a court order, happens at the City Clerk.
Deeds and other real property documents for Newport County are recorded with the City Clerk at 43 Broadway, Newport, RI 02840. Phone: 401-845-5334. Hours: Monday - Friday, 8:30 AM - 3:30 PM (recording).
The City Clerk charges $84 for the first page plus $1 for each additional page.
Newport County accepts electronic recording through CSC.
Rhode Island uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Newport County — the filing sequence, notice requirements, and accounting leave little room for error. Estates under the small-estate threshold are the usual exception.
Probate attorney fees in Rhode Island are based on reasonable compensation — typically 2.1%R.I. Gen. Laws (no statutory schedule; court discretion applies)Verified Sep 8, 2026View source to 3.4%R.I. Gen. Laws (no statutory schedule; court discretion applies)Verified Sep 8, 2026View source of the estate's value, billed hourly or as a flat fee. Ask a Newport County firm to quote a structure up front.
A probate attorney files the petition with the City of Newport Probate Court, publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.
Bardorf & Bardorf practices on Washington Square in downtown Newport and serves clients across Rhode Island. Its probate and estate administration work covers executors and personal representatives, successor trustee duties, will contests, and dispute resolution, alongside wills and trusts. The firm has served Rhode Island since 1965.
PracticesEstate PlanningEstate AdministrationTrust AdministrationProbateand 7 more
Corcoran, Peckham, Hayes, Leys & Olaynack is a Newport firm serving Aquidneck Island, Newport County, and the rest of Rhode Island, in continuous operation for over 150 years. Its attorneys handle probate of estates, advise trustees on carrying out trust terms, and represent clients in guardianship matters, alongside wills, trusts, and elder law planning.
PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 8 more
Howe & Garside serves Rhode Island clients from offices in Newport and Lincoln, including Jamestown, Portsmouth, Tiverton, and Cumberland. Its probate work covers proof and contests of wills, executor and administrator appointments, intestate administrations, estate inventories and accountings, and guardianships and conservatorships. The firm offers free phone consultations.
PracticesEstate PlanningEstate AdministrationProbateProbate Litigationand 9 more
Evelyn Weiss Zawatsky is a solo attorney in Barrington. Her probate practice covers appointing a personal representative, marshalling assets and date-of-death values, notifying creditors and publishing notice, paying final bills and estate taxes, and distributing the estate, along with guardianships. She has practiced solo since 1992.
PracticesEstate PlanningEstate AdministrationTrust AdministrationProbateand 6 more
Howlett Law Offices is a Bristol practice led by attorney Jane Fearing Howlett that handles Family Court matters alongside probate and estate planning. Clients use an online case management system for messaging, calendar reminders, and billing, and the firm offers free phone consultations.
Moore, Virgadamo & Lynch serves Newport County clients from its Middletown office, a local practice since 1919. Its estate matters include probate administration, estate inventories, guardianships, conservatorships, estate and probate litigation, special needs trusts, and elder law. The firm offers free initial consultations.
PracticesEstate PlanningEstate AdministrationProbateProbate Litigationand 9 more
Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.
Living trust assets, and accounts with a named beneficiary or surviving joint owner. These skip probate; some states charge the court fee only on what remains.
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Probate fee bases vary by state and may use gross estate, personal property, inventory value, or net property after debts. This calculator provides educational estimates only and does not constitute legal or financial advice. Actual costs vary significantly by county, attorney, and estate complexity. Consult a licensed attorney in your state for guidance specific to your situation.
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This tool provides general information about self-filing probate and is not legal advice. Consult a licensed attorney in your state for guidance specific to your situation.
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