Rhode Island Probate Court Fees for Guardianship

Why Fees Vary by Municipality

Rhode Island doesn't have a unified county probate system. Instead, each of the state's 39 cities and towns operates its own independent municipal probate court, with its own judge, hearing schedule, filing fees, and procedural quirks. Families filing for adult guardianship of a young adult with disabilities need to work with the probate court in the municipality where the individual resides — not where the family lives, if those are different.

This decentralized structure means there's no single fee schedule. What costs $114 in Warwick might cost $164 in Lincoln, and the surcharges and procedural requirements stack differently at every town hall.

Fee Comparison Across Major Municipalities

The newspaper advertising requirement deserves attention. Most municipalities require that a guardianship petition be published in a local newspaper before the hearing. This is a court-mandated legal notice, not optional publicity. Bristol's advertising fee is $154 without a signed waiver or $94 with one; confirm the amount and waiver rules with the municipality. Some towns (like Bristol) allow a waiver to reduce the cost, but you need to request it explicitly.

Hidden Costs: The Inventory Tax

In Warwick and Lincoln, if the person being placed under guardianship has personal assets exceeding $3,000, the family pays an inventory tax equal to 1% of the estimated personal estate value. This applies to assets in the individual's name — bank accounts, savings bonds, investment accounts.

For most young adults with disabilities who are SSI recipients (resource limit of $2,000), this tax doesn't apply. But for individuals who've received retroactive Social Security payments, inheritance distributions, or DAC benefit lump sums that temporarily push assets above $3,000, the tax is real.

Hearing Schedules and Filing Deadlines

Municipal courts don't sit daily. Each has a regular schedule:

• Westerly: First and third Wednesday, 10:00 AM, Municipal Courtroom
• Bristol: First and third Tuesday, 9:15 AM
• Barrington: First Monday, 9:00 AM
• East Providence: Second and fourth Tuesday, 2:00 PM, City Hall
• Portsmouth: Second Tuesday, 8:30 AM

The DMAT (Form PC-2.5) — the physician-completed Decision-Making Assessment Tool required for all guardianship petitions — must be submitted to the probate court clerk before the hearing. Barrington requires it at least 3 days in advance. Other municipalities may have their own advance-filing rules.

Before You File: Consider SDM

Under the 2024 guardianship amendments (S.B. 2024-S 2112 and H.B. 2024-H 7239), Rhode Island probate courts must consider Supported Decision-Making as a less restrictive alternative before granting guardianship. This means you'll need to demonstrate that you've explored SDM and that it's insufficient for your young adult's needs. The court will need evidence addressing whether SDM is sufficient for your young adult's needs.

An SDM agreement costs nothing to execute — it requires only the written agreement, signatures, and witnesses or notarization. If SDM is genuinely not appropriate for your young adult's situation, the DMAT evaluation and your documented explanation of why SDM is insufficient become the critical evidence for the court.

The Rhode Island SSI at 18 & Adult Disability Benefits Guide includes the Municipal Probate Court Worksheet that maps out fees, hearing schedules, and filing requirements for the specific municipality you're dealing with.

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