Rhode Island Secretary of State Probate Forms: What Each One Does and When to File It

The Rhode Island Secretary of State maintains the official repository of probate forms used across all 39 municipal courts in the state. They are free to download, uniformly numbered with "PC" designations, and technically available to anyone with an internet connection.

What the Secretary of State does not provide — and what municipal probate clerks are legally prohibited from giving you — is any instruction about how to use them. Which form comes first. What you attach. What order the court expects the filings to arrive in. What happens if you skip a step.

That gap between downloadable forms and usable guidance is where most pro se executors run into trouble. This guide explains what the core Rhode Island probate forms actually do, when each one is filed, and why the sequence matters as much as the form itself.

Before You Start: Two Tracks, Two Different Form Sets

Rhode Island has two entirely different probate pathways, each with its own set of opening forms. Before pulling any form, determine which track applies to the estate.

Track 1 — Small estate (voluntary administration) Available when: all assets are intangible personal property (bank accounts, stocks, bonds), total value does not exceed $15,000, and the decedent owned no real estate in their name alone. The filing window opens 30 days after the date of death.

Forms used to open: PC-1.9 (with a will) or PC-1.10 (without a will).

Track 2 — Formal probate Required when: the estate includes real property in the decedent's name alone, OR personal property exceeds $15,000, OR there are creditor disputes or family conflicts. No waiting period — you can file immediately after receiving the death certificate.

Forms used to open: PC-1.5 (with a will) or PC-1.1 (without a will).

The rest of this article focuses on formal probate, since that is where the form complexity is concentrated.

Opening the Estate

PC-1.5 — Petition for Probate of Will

Filed when the decedent left a valid will. This is the foundational document that starts formal probate. It identifies the decedent, the proposed executor, all known heirs, and provides an initial estate value estimate.

File in the municipal probate court of the city or town where the decedent was domiciled at the time of death — not where they owned property or where they died. Attach the original will (not a copy). There is no statutory deadline for opening formal probate, but delays create practical problems: assets go unmanaged, property deteriorates, and creditors may act. File as soon as the death certificate is available.

PC-1.1 — Administration Petition

Filed when the decedent died without a will. Functions identically to PC-1.5, except the court must appoint an administrator since no executor was designated. Priority order: surviving spouse, adult children, then other heirs.

PC-1.3 — Ancillary Petition / PC-1.6 — Foreign Will

Filed when the decedent was domiciled in another state but owned real property in Rhode Island. Real estate is governed by the laws of the state where it is located — a Massachusetts executor's letters testamentary have no authority over a Newport vacation home. PC-1.3 opens the ancillary proceeding in the Rhode Island municipality where the property sits; PC-1.6 is used to admit a will already probated elsewhere. Both require authenticated copies of the domiciliary court records.

Securing the Appointment

After the court approves the petition, the executor must satisfy the bond requirement before they receive any legal authority to act.

PC-3.1A — Universal Appointment Bond, Corporate Surety Exempted

Used when the bond surety requirement is waived — the executor signs personally without paying an insurance premium. A waiver is available when the will explicitly waives it, all heirs consent in writing, or the administrator is the sole heir or surviving spouse. Most uncontested estates use this form when eligible.

PC-3.1B — Universal Appointment Bond with Corporate Surety

Filed when surety cannot be waived. The estate pays an annual premium — typically around 0.5% of estate value — to a commercial insurance company until the estate formally closes. This is a real financial incentive to close promptly.

PC-3.4 — Acceptance

Signed by the executor after posting the bond. This is what activates the appointment. Without it, the approval exists on paper but the fiduciary has no legal authority to act on the estate.

PC-3.2A / PC-3.2B — Certificate of Appointment

Issued by the clerk after the bond and Acceptance are filed. This is the executor's credentials — banks, brokerages, title companies, and the DMV all require a certified copy before releasing anything. Order several immediately at $5 each.

PC-3.5 — Appointment of Agent

Required for non-resident executors. Under RIGL § 33-18-9, any executor who does not live in Rhode Island must designate a Rhode Island resident to accept legal process. This must be filed with the initial petition — it cannot be added later without amending the filing.

During Administration

PC-3.3 — Universal Inventory

The most deadline-critical form in the entire process. Under RIGL § 33-9-1, the executor must file a true inventory of all estate assets within 90 days of appointment — missing this deadline creates exposure to personal liability.

The inventory must value every asset as of the exact date of death, not the current account balance. Date-of-death values establish the stepped-up tax basis for beneficiaries and determine the court's 1% inventory filing fee (minimum $30, maximum $1,500; real estate excluded from the calculation).

PC-10.14 — Affidavit of Notice to Creditors

Documents that proper creditor notice was provided. Under RIGL § 33-11-5, the six-month creditor window runs from the date of first publication of the legal notice in a local newspaper.

This form also covers the mandatory EOHHS notice. For any decedent aged 55 or older, the executor must notify Rhode Island's Medicaid agency of the death so the state can assess whether to file a recovery claim. This notice is required regardless of whether the family believes Medicaid was involved — missing it creates personal liability if the state later asserts a recovery claim after assets have been distributed.

PC-10.6 — Certificate of Devise or Descent

The form used to transfer real estate out of the estate to the beneficiary. Filed at the municipal land evidence office after the creditor period has expired and the estate tax lien has been discharged. It is what makes the property title transferable to the heir.

PC-7.5 — Statement Disallowing Claims

Filed when the executor formally rejects a creditor claim. Shifts the burden to the creditor to litigate their claim before the probate court.

Closing the Estate

Rhode Island offers two closing pathways.

PC-7.3 — Affidavit of Complete Administration

The standard close for uncontested estates. The executor files this affidavit documenting that all debts are paid, taxes are cleared, and heirs have signed releases — no formal hearing required.

What the court requires before accepting PC-7.3:

• Original paid funeral bills
• Notice of Tax Clearance from the Division of Taxation (or recorded Form T-77 for real property estates)
• Sworn affidavit that creditor notice was given under RIGL § 33-11-5.1
• Signed General Releases (PC-7.7) from every single beneficiary

One missing release blocks the affidavit close. If a beneficiary will not sign, the estate must close via formal Account.

PC-7.7 — General Releases

Individual releases signed by each beneficiary — original signatures, not copies. One per person.

PC-7.1 — Account

The formal accounting required when there is conflict among heirs, a beneficiary demands a review, or complexity makes the affidavit route inappropriate. Under RIGL § 33-14-2.2, the Account must be certified by the estate's attorney or by a CPA before the probate court will accept it. A hearing follows where beneficiaries may object before the judge approves final distribution.

PC-7.4 — Application for Approval of Fiduciary's and Attorney's Fees

Rhode Island does not use a percentage formula for executor compensation. Under RIGL § 33-14-8, the court awards whatever compensation it considers "just." This form is how the executor requests fee approval, supported by detailed time logs. A beneficiary can challenge it.

The Tax Forms That Run Parallel

These forms come from the Rhode Island Division of Taxation — not the Secretary of State — but they are inseparable from the probate process when real estate is involved.

Form RI-706 — Rhode Island Estate Tax Return. Every estate that includes Rhode Island real property must file this form within nine months of the date of death, even if no estate tax is owed. The filing triggers the process to clear the automatic statutory lien that attaches to all real property the moment a person dies.

Form T-77 — Discharge of Estate Tax Lien. Issued by the Division of Taxation after processing Form RI-706. Must be recorded at the municipal land evidence office where the property is located. Until T-77 is recorded, the title is clouded and cannot be transferred or sold.

If you need line-by-line completion instructions for each of these forms, a deadline calendar keyed to your specific filing date, and guidance on the EOHHS Medicaid notice and Form T-77 process, the Rhode Island Probate Process Guide covers the full sequence from opening petition to final estate closure.

Quick Reference: Core Forms by Phase

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