Rhode Island Probate & Estate Administration
Mom or dad just passed away.
Now what do we do?
Our team is here to help you and guide your family through this. Call us and we’ll walk you through the probate road map. We prepare, explain, and file all the documents and taxes — our goal is to make this easy for you.
Prefer to talk now? 401-324-9344
Attorney Fabisch is a former Rhode Island Probate Judge, proudly recognized by:
Why families partner with Fabisch Law Offices
What does it cost?
Some estate administration attorneys set their fee as a percentage of the assets. We don’t. We calculate a flat fee based on the types of accounts, the number of properties, and the number of unique assets. Whether an account holds $1,000 or $1,000,000, the effort is the same for us — so we never charge you more because there’s more in the account.
How does this work?
Self-schedule online or call us for a free, no-obligation consultation. On the call we get to know you and what’s going on — the details matter — walk you through the steps of carrying out an estate, answer your questions, and gather what we need to give you clear pricing.
A free follow-up meeting
Many families are ready to move forward after that first call. But when we offer multiple packages and paths, we’re always glad to meet again — in person or by phone — to walk through the proposals in depth. We want you confident in the firm you choose.
Self-schedule your discovery call
Whether you have a few questions or you’re ready to move forward, our team will guide you through this. You don’t have to do it alone.
Schedule NowPrefer to talk now? 401-324-9344
There is (or isn’t) a will. Can Fabisch Law Offices help? Yes.
Did your mother or father recently pass away? Perhaps another close family member — maybe even your own brother or sister. Whichever loved one you’ve lost, our team is here for you every step of the way.
Whether there’s a will, no will, or you’re unsure, we can help. Maybe your family gets along great. Maybe there’s a person or two you haven’t spoken with in years. There isn’t a family dynamic we haven’t worked with before — nothing will be out of the ordinary for us. Give us the details and the background, and we’ll take it from there. There may be nothing more stressful and emotional than losing a loved one; don’t add the stress of trying to decipher the statutes on top of it.
How Rhode Island probate works
Rhode Island is unusual: probate is handled at the municipal level, not by a single statewide court. Each of the state’s 39 cities and towns runs its own probate court — typically with a probate judge appointed by the city or town council and the local clerk serving as clerk of the court. Your case is filed in the city or town where your loved one lived (Providence, Warwick, Cranston, Newport, East Greenwich, and the rest), and each court keeps its own calendar and local practices. We appear in all 39 Rhode Island probate courts, so you don’t have to learn a new town’s rules in the middle of grief.
A few Rhode Island specifics worth knowing:
- The $15,000 line. An estate with more than $15,000 in probate assets generally must be administered through the probate court. Smaller estates — personal property of $15,000 or less and typically no real estate — can often use a simplified small-estate (voluntary) affidavit, sometimes closing in about 30 days instead of months.
- The six-month rule. Rhode Island requires notice to creditors to be published in a local newspaper, and the estate must stay open at least six months from that first publication so creditors have time to file claims. Even a simple estate can’t be closed before that window runs.
- Will or no will. With a valid will, the court generally appoints the named executor and issues Letters Testamentary. Without one, it appoints an administrator under Rhode Island’s intestacy statute, which sets a fixed order of who inherits — often not what families assume.
- Taxes. Rhode Island has no inheritance tax, but it does levy its own state estate tax on larger estates, separate from the federal one, with a threshold that is adjusted periodically. The decedent’s final income tax return must also be filed.
- How long it takes. Straightforward estates often close not long after the six-month claim period; estates with real estate, multiple heirs, or disputes commonly run 12–18 months or more.
Rhode Island probate, step by step
- File the petition — for probate of the will, or for administration if there’s no will — with the death certificate in the correct city or town court.
- The court appoints the executor or administrator and issues letters confirming their authority.
- Publish notice to creditors and notify the heirs and interested parties.
- Inventory the estate’s assets and value them as of the date of death.
- Pay valid debts in the legal order of priority, handle the estate-tax return, and file the decedent’s final income taxes.
- After the six-month claim period, file a final account and distribute what remains to the heirs.
Executors and administrators carry real legal duties — and personal liability for mistakes. We handle the filings, notices, inventory, creditor claims, tax returns, and final accounting so you can focus on your family. For a deeper walk-through, read our guide to settling an estate in Rhode Island →
There are so many bills and debts. Where do I even start?
When someone passes away, the bills keep coming. Creditors start calling, medical bills need to be paid, and it gets overwhelming fast. But here’s what most people don’t know: after a death, there is a legal priority for which debts get paid — and some bills don’t need to be paid at all.
As executor, if you pay a bill out of priority, that mistake can become your personal liability. Understanding your rights and responsibilities first is critical.
Don’t pay a single bill or creditor until you speak with us. Call 401-324-9344 and learn your options.
Rhode Island probate: common questions
Which Rhode Island probate court handles my case?
The probate court in the city or town where your loved one lived at the time of death. Rhode Island has 39 separate municipal probate courts, each with its own judge, clerk, and schedule — there is no single statewide probate court. We file and appear in all of them.
Do we have to go to court in person?
Usually very little, if at all. Many Rhode Island probate matters move through filings, and we can manage the process for families remotely by phone or Zoom. When a hearing is genuinely needed, we appear for you and tell you exactly what to expect.
What is the $15,000 small-estate process?
If the estate’s probate personal property is $15,000 or less and there is typically no real estate, Rhode Island allows a simplified voluntary (small-estate) affidavit instead of full administration — often resolved in around 30 days rather than the usual six-month-plus timeline.
Why does Rhode Island probate take at least six months?
Because state law requires notice to creditors and keeps the estate open for a minimum six-month claim period from first publication. That window also protects the executor: distributing too early can leave you personally responsible for a valid claim that arrives later.
Is there a Rhode Island estate or inheritance tax?
Rhode Island has no inheritance tax, but it does have its own state estate tax that can apply to larger estates, separate from the federal estate tax. Whether it applies depends on the size of the estate — we tell you early whether a Rhode Island estate-tax return is required.
About us — a note from Matthew Fabisch
Probate is never just about legal processes — it’s about families, legacies, and navigating difficult emotions during times of loss. At Fabisch Law Offices, we understand how overwhelming it can feel. You’re grieving, and yet you’re facing what can feel like a maze of paperwork, deadlines, and court proceedings. Add the possibility of family disagreements, and the stress only grows. That’s why we’re here.
My perspective is a little unusual. As one of the youngest probate judges in Rhode Island, I had the privilege of helping families through some of the most sensitive matters they ever faced. I saw firsthand how, without a clear plan, grief could turn probate into a battleground for old grudges. Those years taught me that while probate is often necessary, it doesn’t have to tear families apart — with the right guidance, it can be handled efficiently, fairly, and with as little stress as possible.
Whatever your situation — a will or no will, an estate to open or a dispute to resolve — we’ll take the time to listen, understand your concerns, and craft a plan for the best possible outcome. Let us handle the legal complexities, so you can focus on what really matters: honoring your loved one and supporting your family.
— Matthew L. Fabisch
What our clients say
“Matt and his team helped us get through the administrative nightmare and made sure probate court was smooth and simple. His advice and guidance is invaluable.”Jessica G., Rhode Island
“When I was afraid an executor was not on the up and up, Matt investigated the situation and gave me practical advice that saved my family thousands.”Peter Q., Massachusetts
A premier New England probate firm — serving all of Rhode Island
We serve every Rhode Island city and town, and we make working with us easy. Many of our clients we’ve never met in person — every step can be done remotely, by phone or Zoom, if that’s easier for you.
Pawtucket, RI
2 Dexter Street
Pawtucket, RI 02860
(By appointment)
Bristol, RI
555 Metacom Avenue
Bristol, RI 02809
(By appointment)
North Attleboro, MA
80 Broadway, Unit 56
North Attleboro, MA 02760
(By appointment)
Claim your free consultation today
Learn how we partner with you through your role as executor or administrator — opening the estate, appointment certificates, the inheritance tax return, statutory notices, and every crucial step.
Schedule a Call OnlinePrefer to talk now? 401-324-9344
Settling an estate in Massachusetts?
Massachusetts runs on a different system (the MUPC, with informal and formal probate). If your loved one’s estate is in MA, see our Massachusetts Probate page →