TITLE 33
Probate practice and procedure

CHAPTER 33-22
Practice in Probate Courts

SECTION 33-22-21


§ 33-22-21 Fees enumerated – Hearing date to be noted on receipt.

(a) The fees in probate courts shall be as follows: for every petition for the appointment of a custodian, administrator, guardian, or conservator, or for the probate of a will, one percent (1.0%) of the personal property of the decedent or ward over which the court has jurisdiction, but in no event shall the fee be less than thirty dollars ($30.00) nor more than one thousand five hundred dollars ($1,500); for every petition of a foreign administrator, executor, or guardian to transfer or sell real or personal estate, one percent (1.0%) of the personal property of the decedent, or ward located in Rhode Island, but in no event shall the fee be less than thirty dollars ($30.00) nor more than one thousand five hundred dollars ($1,500) which fees shall be in lieu of all subsequent filing and recording fees in the same proceedings, except as hereinafter provided, and shall be paid before the petition is filed, and shall be based upon estimates submitted by the petitioner or someone on his or her behalf, and shall be subject to revision whenever it appears that the estimates were incorrect, and upon revision a further payment or rebate shall be made promptly. In the event that the appointment of a custodian, pending the appointment of an administrator, guardian, or conservator, or the probate of a will, is necessary, the fee so paid for the petition shall be applied on the amount to be paid upon the filing of a petition for the appointment of the administrator, guardian, or conservator, or for the probate of the will. The court at any time may cite in and examine any custodian, executor, administrator, guardian, or conservator for the purpose of determining the full fee due and payable. Also, the following fees shall be charged:

(1) For every petition to file a claim out of time, thirty dollars ($30.00);

(2) For every petition for the removal of an executor, administrator, guardian, conservator, or other fiduciary, thirty dollars ($30.00);

(3) For every petition for appointment of a successor guardian under the uniform gifts to minors act, thirty dollars ($30.00);

(4) For every petition to file a will with no probate, thirty dollars ($30.00);

(5) For every affidavit of complete administration, thirty dollars ($30.00);

(6) For every certificate of appointment, five dollars ($5.00);

(7) For every petition to remove or fill a vacancy of a trustee of any trust established under a will, or the termination of such trust, thirty dollars ($30.00);

(8) For every petition for tax minimization or estate planning, thirty dollars ($30.00);

(9) For every petition for change of name, thirty dollars ($30.00); and

(10) For every petition for adoption, thirty dollars ($30.00).

(b) Upon payment of any fee enumerated in this section, the clerk of the court shall issue a written receipt to the person making payment. In the event that the matter filed with the court calls for a hearing, the clerk of the court shall note the hearing date and time on the receipt whenever possible; otherwise, as soon as is practicable after the filing of the matter, the clerk of the court shall provide written notice of the hearing date and time directly to the person filing the matter.

(c) The clerk of the court shall charge one dollar and fifty cents ($1.50) per page and three dollars ($3.00) to certify any probate documents on file with the probate court.

History of Section.
(P.L. 1907, ch. 1464, § 1; G.L. 1909, ch. 321, § 39; P.L. 1915, ch. 1260, § 7; G.L. 1923, ch. 372, § 38; G.L. 1938, ch. 574, § 1; G.L. 1956, § 33-22-21; P.L. 1977, ch. 246, § 2; P.L. 1983, ch. 79, § 1; P.L. 1989, ch. 397, § 1; P.L. 1990, ch. 155, § 1; P.L. 1996, ch. 110, § 11; P.L. 2014, ch. 351, § 2; P.L. 2014, ch. 398, § 2.)