How Does the Rhode Island Probate Court Work?

Established by RIGL 8–9, Rhode Island Probate Courts handle all probate cases in the state. Each Rhode Island Probate Court handles cases only within its territorial jurisdiction. Rhode Island Probate Courts exercise jurisdiction over the following types of cases, according to Section 8–9–9 of the state’s general laws:

• Probate of wills
• Adult limited guardianships
• Conservatorships
• Administration of estates
• Minor guardianships
• Adoption of adults
• Authorization to sell or mortgage-related property at a private or public sale

Probate Courts also hear matters involving certain trusts, ruling on the related trustees involved. These matters may include removing or replacing the trustee of a trust established under a will or the termination of a trust. Furthermore, Probate Courts may hear cases on name changes of adults that have received convictions for a felony or misdemeanor.

Probate Courts have concurrent jurisdiction over these cases with the Rhode Island Superior Court. Probate Courts may also hear Superior Court cases that are related to probate matters.

Probate describes the legal and court-administered procedures which take place in the handling of a deceased person’s affairs. Probate procedures may be initiated over a deceased person’s property if there are no clear recipients. Generally, these procedures handle property not passed down by the deceased through one of the following:

• Right of survivorship
• A trust established before the person’s death
• Life insurance payable to a named beneficiary

Although the jurisdiction of a Probate Court is specific, the courts sometimes operate as Municipal Courts. Note that procedures employed by Probate Courts may differ between towns and cities. However, the differences are usually slight.

Generally, Rhode Island Probate Courts are necessary for the following reasons:

• To collect, guard, and preserve a deceased person’s property and assets
• To ensure that the estate promptly and properly pays all of the deceased’s taxes, debts, and claims
• To establish the rightful recipient of the deceased’s property and assets and distribute to these persons accordingly

If the deceased created a will before death, the property may be distributed as the will provides. If the person dies intestate, where there is no will, the Probate Court may decide the proper distribution of the deceased’s assets and property. However, note that Rhode Island Probate Courts may satisfy all taxes, claims, and debts, before distributing the deceased’s assets and property.

The probate judge of each Probate Court must satisfy the following qualifications, as provided by Section 8–9–2.1:

• Must be admitted to practice law before the Rhode Island Supreme Court
• Must have been engaged in the active practice of law in the sate

Note that regardless of the above qualifications, the law allows each town or city to add additional qualifications for the probate judges in each jurisdiction. However, these additions may be subject to one or more ordinances in towns or cities.

In some Rhode Island towns, the town council may regularly sit as the Probate Court. In those towns, the town council has the authority to appoint a Probate Court judge. This provision must be made available to any party who requests a probate judge’s presence to hear and determine a probate matter. In some cases, the town council is also responsible for filling any vacancy in the person’s office due to the appointment.

In towns where the above applies, the town council may appoint a judge annually. However, the appointee shall not sit on any case where the person is interested in the matter, or where the person is a party to the case. Note that the appointee must be a member of the Rhode Island bar.

Whenever the probate judge is unavailable to hear a case for any reason, the town or city council must hear probate cases as if there is no probate judge.

Section 8–9–5 provides specific actions to be taken if a probate judge is not available to hear a case. In Warren town, the town solicitor is authorized to hear cases where the Warren Probate Court judge is unavailable. Note that the court records must describe the exact reason the probate judge is unavailable or disqualified. This may be because of a direct interest in the case, the council’s inability to appoint a judge, or other acceptable reasons.

For the City of Newport, and Cumberland or Smithfield towns, the law requires the Municipal Court judge to handle the case in the probate judge’s absence. If the Municipal Court judge is unavailable, the responsibility falls to the city or town solicitor in either case. The same applies to Hopkinton or West Greenwich towns where one or more deputy probate judges elected by the town council must handle the case. Note that for all replacements, court records must specify the reason why a probate judge is not available to hear the case.

According to Section 33–23–1, persons dissatisfied with Probate Court decisions are allowed to appeal to the Superior Court of the county where the Probate Court is located. The aggrieved party must file a claim of appeal to the Superior Court, in the Probate Court’s clerk’s office. The appellant must also request a certified copy of the claim of appeal after paying the expected filing fees to the clerk. Within 30 days of the Probate Court’s decision, the appellant must file the certified copy of the appeal claim at the Superior Court with jurisdiction over the case. An appeal shall be heard by a trial de novo in the Superior Court.

Persons interested in Probate Court records may visit the court location for more information. Interested persons may also send a written request to the court, with details of the records sought. Requestors who need to contact or visit Rhode Island Probate Courts may use the following information:

Bristol County
Barrington Probate Court
283 County Road
Barrington, RI 02806
Phone: (401)247–1900 ext. 305

Bristol Probate Court
Bristol Town Hall
10 Court Street
Bristol, RI 02809
Phone: (401) 253–7000

Warren Probate Court
Town Hall
514 Main Street
Warren, RI 02885
Phone: (401) 245–7340

Kent County
Coventry Probate Court
1670 Flat River Road
Coventry, RI 02816
Phone: (401)822–9172

East Greenwich Probate Court
125 Main Street
East Greenwich, RI 02818
Phone: (401) 886–8607

Warwick Probate Court
3275 Post Road
Warwick, RI 02886
Phone: (401) 738–2000

West Warwick Probate Court
1170 Main Street
West Warwick, RI 02893
Phone: (401) 822–9201

West Greenwich Probate Court
280 Victory Highway
West Greenwich, RI 02817
Phone: (401) 392–3800

Newport County
Jamestown Probate Court
93 Narragansett Avenue
Jamestown, RI 02835
Phone: (401)423–7282

Little Compton Probate Court
40 Commons, P.O. Box 226
Little Compton, RI 02837
Phone: (401)635–4400

Middletown Probate Court
350 East Main Road
Middletown, RI 02842
Phone: (401)847–0009

Newport Probate Court
43 Broadway
Newport, RI 02840
Phone: (401)845–5349

Portsmouth Probate Court
2200 East Main Road
Portsmouth, RI 02871
Phone: (401)683–2101

Tiverton Probate Court
343 Highland Road
Tiverton, RI 02878
401–625–6703

Providence County
Foster Probate Court
181 Howard Hill Road
Foster, RI 02825
Phone: (401)392–9202

Glocester Probate Court
Glocester Town Hall
1145 Putnam Pike
Chepachet, RI 02814
Phone: (401)568–6206 ext. 0

Johnston Probate Court
1385 Hartford Avenue
Johnston, RI 02919
Phone: (401)351–6618

Lincoln Probate Court
100 Old River Road, P.O. Box 100
Lincoln, RI 02865
Phone: (401)333–1100 ext. 8005

North Providence Probate Court
North Providence Town Hall
2000 Smith Street
North Providence, RI 02911
Phone: (401)232–0900 ext. 205

Pawtucket Probate Court
137 Roosevelt Avenue
Pawtucket, RI 02860
Phone: (401)728–0500 ext. 259

Providence Probate Court
25 Dorrance Street, 5th Floor
Providence, RI 02903
Phone: (401)421–7740 ext. 307

Scituate Probate Court
195 Danielson Pike, P.O. Box 328
North Scituate, RI 02857
Phone: (401)647–2822

Smithfield Probate Court
64 Farnum Pike
Smithfield, RI 02917
Phone: (401)233–1000

Woonsocket Probate Court
169 Main Street
Woonsocket, RI 02895
Phone: (401)767–9249

Burrillville Probate Court
105 Harrisville Main Street
Harrisville, RI 02830
Phone: (401)568–4300

Central Falls Probate Court - Central Falls Probate Court
580 Broad Street
Central Falls, RI 02863
Phone: (401)727–7400

Cranston Probate Court
869 Park Avenue
Cranston, RI 02910
Phone: (401)780–3197

Cumberland Probate Court
45 Broad Street
Cumberland, RI 02864
Phone: (401)728–2400 ext. 154

East Providence Probate Court
145 Taunton Avenue
East Providence, RI 02914
Phone: (401)435–7500 ext. 11036

Washington County
Charlestown Probate Court
4540 South County Trail
Charlestown, RI 02813
Phone: (401)364–1200

Exeter Probate Court
675 Ten Rod Road
Exeter, RI 02822
Phone: (401)294–3891

Hopkinton Probate Court
1 Town House Road
Hopkinton, RI 02883
Phone: (401)377–7777

Narragansett Probate Court
25 5th Avenue
Narragansett, RI 02882
Phone: (401)782–0621

New Shoreham Probate Court
P.O. Box 220
Block Island, RI 02807
Phone: (401)466–3200

North Kingstown Probate Court
100 Fairway Drive
North Kingstown, RI 02852
Phone: (401)268–1550

Richmond Probate Court
5 Richmond Townhouse Road
Wyoming, RI 02898
Phone: (401)539–9000 ext. 9

South Kingstown Probate Court
Town Hall
180 High Street
Wakefield, RI 02879
Phone: (401)789–9331 ext. 1236

Westerly Probate Court
45 Broad Street
Westerly, RI 02891
Phone: (401)348–2500