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The Probate Bond Experts
Rhode Island is unusual in that probate is handled at the municipal level rather than the county level. Each of the state's 39 cities and towns has its own Probate Court, established under RIGL Chapter 8-9, with its own judge and clerk. The Probate Court appoints the executor or administrator, issues letters, and oversees administration in the city or town where the decedent lived.
Rhode Island is not a Uniform Probate Code state. It administers estates under Title 33 of the General Laws, with the bond rules in Chapter 33-17. The estate fiduciary is an executor when named in a will and an administrator when appointed without one.
Rhode Island imposes its own estate tax with an exemption of roughly $1.8 million, which is adjusted for inflation, and rates up to 16 percent. It is separate from the federal estate tax, so many middle-size Rhode Island estates owe it. Rhode Island has no inheritance tax.
When a Rhode Island bond is required, the amount is set by the Probate Court under RIGL Section 33-17-1:
Rhode Island requires a surety bond of most fiduciaries, but it can be waived in defined situations. Under RIGL Chapter 33-17:
Qualifying in a Rhode Island estate follows Title 33 and municipal Probate Court practice:
When a Rhode Island bond is required, the cost is a premium paid to the surety company. When the will waives surety or a corporate fiduciary serves, there may be no premium at all.
Beyond the standard executor and administrator bond, Rhode Island probate practice uses several additional bond types:
Rhode Island does not run a licensing board for private professional fiduciaries, but Title 33 places clear duties on every executor and administrator:
You can check pricing or apply online once you know the bond type ordered by the court. Applications must match the bond type and amount specified in your court order or legal documents.
APPLY NOWUsually yes. Rhode Island requires most executors and administrators to give a surety bond before being appointed, conditioned on faithful administration. The bond can be waived when the will directs that the executor serve without surety, or when a corporate fiduciary serves.
Rhode Island has no county-level probate system. Probate is handled at the municipal level, so each of the 39 cities and towns has its own Probate Court, with its own judge and clerk, established under the General Laws.
When a bond is required, most Rhode Island probate bonds cost about 0.5% to 1% of the bond amount per year for well-qualified applicants, so a $100,000 bond commonly runs $500 to $1,000 per year. Small bonds carry a minimum premium of about $100 to $150.
Under Section 33-17-1 the municipal Probate Court fixes the bond case by case, based on the value of the estate and the income it is expected to generate. The court may increase or reduce the amount as administration proceeds.
Most Rhode Island probate bonds are issued within 24 hours of a completed application, and qualified applicants can often be approved the same day. We keep the process moving so you can qualify before the local Probate Court without delay.
Yes. Credit is one factor but not the only one. We work with multiple surety companies and can often find an approved program for applicants with credit challenges, sometimes with a co-signer or collateral.
The municipal Probate Court of the city or town where the decedent lived handles probate. Each of the 39 cities and towns has its own Probate Court with its own judge and clerk, rather than a single county court.
Yes. Rhode Island imposes its own estate tax with an exemption of roughly $1.8 million, adjusted for inflation, and rates up to 16 percent. It is separate from the federal estate tax, and Rhode Island has no inheritance tax.
Yes. A person named in a will is an executor, and a person the court appoints when there is no will is an administrator. Rhode Island uses these terms directly, and both serve as the fiduciary of the estate.
The bond is conditioned on the fiduciary inventorying the estate, administering it according to law, rendering true accounts, and paying over the estate as the court directs. It protects the beneficiaries and creditors if the fiduciary fails.
When a bond is required, it stays in force until the estate is settled and the fiduciary's final account is approved. For estates that stay open across more than one year, the premium is charged annually until that approval.
The will can direct that the executor serve without surety, in which case the court may accept a bond without sureties. The court retains discretion to require surety if the circumstances warrant.
An action may be brought on the bond in the name of the Probate Court by any interested party in the matter if the executor or administrator fails to faithfully administer the estate.
No. A probate bond is a surety bond, not insurance for the fiduciary. It protects the beneficiaries and creditors. If the surety pays a claim, the executor or administrator is legally obligated to repay the surety.
Yes. Because each city and town runs its own Probate Court, forms and local procedures can vary. The personal representative should confirm the requirements with the Probate Court for the municipality where the decedent lived.
Often yes. A guardian of the estate of a minor or an incapacitated person is generally required to post a bond tied to the value of the protected estate, under the continuing supervision of the municipal Probate Court.
Often no. A bank or trust company serving as fiduciary may be exempt from the surety requirement, and a corporate-surety-exempted bond form is available for use where the court allows it.
When a bond is required, you file it with the Probate Court of the city or town where the decedent was domiciled, and the court approves it before letters testamentary or of administration issue.
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Find Rhode Island Probate Courts by County
Once you have your bond, or if you need court addresses, phone numbers, filing hours, and local forms, visit our Rhode Island probate court directory. We list every county court in Rhode Island with contact information and links to local forms.
Rhode Island Probate Court Directory