How to File Probate in Rhode Island: Timeline, Costs & Executor Checklist

Obtain certified death certificates

Order at least 10-12 certified copies of the death certificate from the Rhode Island Department of Health, Office of Vital Records. These are required by the probate court, financial institutions, insurance companies, and government agencies.

Secure estate property and valuables

Immediately secure the decedent's residence by changing locks if necessary. Safeguard valuables such as jewelry, cash, important documents, firearms, and collectibles. If the home will be vacant, arrange for regular checks, maintain climate control, and notify the homeowner's insurance carrier of the vacancy. Secure vehicles, safe deposit boxes, and storage units. Document the condition of all property with photographs.

File petition for probate with the municipal probate court

File a Petition for Probate of Will and issuance of Letters Testamentary (or Letters of Administration for intestate estates) with the probate court in the city or town where the decedent was domiciled. Rhode Island's unique municipal probate system means each of its 39 cities and towns has a separate probate court. Small estates may qualify for simplified procedures.

Receive Letters Testamentary or Letters of Administration

After the probate court admits the will and appoints the executor, Letters are issued. The executor must take an oath and typically post a bond unless waived by the will. Obtain multiple certified copies.

Notify the Social Security Administration

Report the death to the Social Security Administration at 1-800-772-1213 if the funeral home has not already done so. Benefits received after the date of death must be returned. Surviving spouses and dependent children may be eligible for survivor benefits.

Cancel services, subscriptions, and forward mail

Forward the decedent's mail through USPS to the executor's address or a secure location to capture bills, tax documents, and creditor correspondence. Cancel or transfer utilities (electric, gas, water, internet, phone), streaming services, gym memberships, magazine subscriptions, and other recurring payments. Notify the landlord if the decedent rented. Cancel the decedent's driver's license, voter registration, and passport to help prevent identity theft.

Publish notice to creditors

Publish a notice to creditors in a newspaper of general circulation, as required by RIGL 33-11-5. Creditors have six months from the granting of Letters to present their claims. Also notify all known creditors by mail.

Notify financial institutions

Send certified copies of the death certificate and Letters to all banks, brokerage firms, insurance companies, and retirement account custodians. Request date-of-death valuations.

Open an estate bank account

Obtain an EIN from the IRS via Form SS-4 and open a checking account in the name of the estate. All estate income and expense payments should flow through this account.

File IRS Form 56 (Notice of Fiduciary Relationship)

File IRS Form 56 to notify the IRS that you are acting as the fiduciary (executor or administrator) for the decedent's estate. This establishes your authority to receive the decedent's tax information, file returns on their behalf, and correspond with the IRS regarding estate matters. File this form promptly after receiving Letters.

Maintain insurance and pay ongoing estate expenses

Review and maintain all insurance policies on estate property, including homeowner's insurance, auto insurance, and any umbrella liability coverage. Lapsed coverage during administration can expose the estate to significant liability. Continue paying ongoing obligations from the estate bank account: mortgage or rent, property taxes, HOA fees, storage unit fees, and essential maintenance. Keep detailed records of all payments for the final accounting.

File inventory of estate assets

Prepare and file an inventory of all estate assets with the probate court within 30 days of appointment. The inventory must include all real and personal property with date-of-death fair market values.

Handle digital assets and online accounts

Identify and secure the decedent's digital assets, including email accounts, social media profiles, cloud storage, cryptocurrency wallets, online banking, and digital subscriptions. Most states have adopted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), which governs fiduciary access to digital accounts. Check the decedent's devices, password managers, and records for account credentials. Contact service providers to memorialize or close accounts as appropriate.

File claims against life insurance and benefits policies

File claims on all life insurance policies, accidental death policies, and any other insurance or death benefits payable to the estate or named beneficiaries. Provide certified death certificates and completed claim forms to each insurance carrier. Note that policies with named beneficiaries generally pass outside of probate directly to the beneficiary, but proceeds payable to the estate must be inventoried.

File final personal income tax return (Form 1040 and Rhode Island Form RI-1040)

File the decedent's final federal income tax return (Form 1040) and Rhode Island individual income tax return (Form RI-1040) for the period from January 1 through the date of death. Rhode Island imposes a graduated income tax. A surviving spouse may file jointly.

File Rhode Island estate tax return (Form RI-706) if applicable

Rhode Island imposes its own estate tax with a separate exemption threshold (currently $1,774,583, indexed for inflation). File Rhode Island Form RI-706 within nine months of death if the estate exceeds the exclusion. Also file federal Form 706 if the gross estate exceeds the federal exemption.

File estate income tax return (Form 1041 and Rhode Island Form RI-1041) if applicable

If the estate earns more than $600 in gross income during administration, file federal Form 1041 and Rhode Island Fiduciary Income Tax Return (Form RI-1041). The estate is a separate taxpayer.

Review and pay valid creditor claims

Evaluate all claims presented within the six-month claims period. Pay valid claims from estate funds in the statutory order of priority.

Distribute specific bequests

Distribute any specific gifts or bequests identified in the will, such as jewelry, heirlooms, specific dollar amounts, or particular assets to named beneficiaries. Obtain signed receipts from each beneficiary. Ensure adequate reserves are maintained for taxes, administration costs, and any pending creditor claims before making distributions.

Distribute residuary estate to beneficiaries

After all debts, taxes, expenses, and specific bequests have been satisfied, distribute the remaining estate assets to the residuary beneficiaries as directed by the will or Rhode Island intestacy law (RIGL 33-1-1 et seq.). Rhode Island provides the surviving spouse a statutory life estate and elective share rights. Obtain signed receipts from all beneficiaries.

File accounting with the probate court

File a final accounting with the municipal probate court detailing all receipts, disbursements, and distributions. The court will review and approve the accounting. Interested persons may file objections.

Obtain discharge and close the estate

After the court approves the accounting and all distributions are complete, the executor is discharged and the estate is closed. Close the estate bank account and retain financial records for at least five years.

Close the estate bank account

After all distributions are complete and the final accounting is approved, close the estate bank account. Ensure all outstanding checks have cleared and no further transactions are pending. Retain all financial records for at least seven years for tax and audit purposes.