Hiring a Wills, Trusts or Probate Lawyer in Rhode Island
What Rhode Island requires for a valid will, when probate applies, how estate lawyers charge, how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in Rhode Island: fee rules
| Rules on contingency fees | Under Rhode Island Rule of Professional Conduct 1.5(c) (Supreme Court Rules, Article V), a contingent fee agreement must be in a writing signed by the client stating how the fee is determined, including the percentage(s) for settlement, trial or appeal; litigation and other expenses deducted from the recovery; and whether expenses are deducted before or after the fee is calculated. It must clearly notify the client of expenses owed whether or not the client prevails, and at the end the lawyer must give a written statement of the outcome and, if there is a recovery, the remittance and how it was determined. Rule 1.5(d) bars fees in domestic relations matters contingent on securing a divorce or on the amount of alimony, support or property settlement, and contingent fees for defending a criminal case. |
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| If you disagree with a lawyer's bill | The Rhode Island Bar Association's Fee Arbitration program hears fee disputes between clients and attorneys (and between attorneys). It does not handle disputes over fees under $1,000; disputes of $1,000 to $1,500 are decided by one arbitrator on written submissions only. Both parties must agree in advance to be bound by the arbitration panel's decision; if the other side will not agree, no panel is appointed. Submit the signed, dated Arbitration of Fee Disputes Agreement & Petition in triplicate with original signatures to the Executive Director, 41 Sharpe Dr., Cranston, RI 02920; phone 401-421-5740. |
| If a lawyer takes your money | If a complaint involves alleged misappropriation of funds by a lawyer, you may file a statement of claim with the Rhode Island Bar Association's Client Reimbursement Fund; the Disciplinary Board itself cannot recover money. |
Rhode Island rules to know first
| Requirements for a valid will | A person of sound mind who is 18 or older may make a will. The will must be in writing and signed by the person making it (or by someone else in their presence and at their express direction). The signature must be made or acknowledged in front of two or more witnesses present at the same time, and the witnesses must sign in the presence of the person making the will. Source: R.I. Gen. Laws §§ 33-5-2, 33-5-5 |
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| Small estate affidavit | If an estate is made up entirely of personal property worth no more than $15,000 (not counting the decedent's tangible personal property), a relative (spouse, child, grandchild, parent, sibling, niece, nephew, aunt or uncle) or other interested person who is an adult Rhode Island resident may file a verified statement with the probate court once 30 days have passed since death and no petition for letters has been filed. The filer becomes a voluntary administrator who collects the assets, pays funeral and other debts in the order set by law, and distributes the rest. The filing fee is $30 and the certificate of appointment is $5. Real estate is not covered. Limit last amended by P.L. 2011, ch. 363. Source: R.I. Gen. Laws § 33-24-1 |
| How probate works | The will is presented to the probate court and the executor named in it (or an administrator, if there is no will) is appointed and gives bond; notice of the appointment is published. Within 90 days after appointment (or longer if the court allows), the executor or administrator files a sworn inventory with appraised values of the personal property as of the date of death. Creditors have six months from first publication to file claims; debts are paid, accounts are filed with the court, and the estate is distributed. |
Find and check a lawyer
| Check discipline history or file a complaint | The Rhode Island Supreme Court's Disciplinary Board and Office of Disciplinary Counsel handle complaints about attorney misconduct, and filing costs nothing. Call (401) 823-5710 to request a complaint form, or write a letter with your name, address and phone, the attorney's name, address and phone, and a description of the complaint, and send it to the Chief Disciplinary Counsel, Philip W. Noel Judicial Complex, 222 Quaker Lane, Room 1083, Warwick, RI 02886. Disciplinary Counsel checks whether the complaint is within the Board's authority, asks the attorney for a written response (you get a copy), investigates if warranted, and the Board authorizes formal charges or dismisses; for serious misconduct the Supreme Court may impose censure, suspension or disbarment. The Board cannot recover fees or damages. |
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Free legal help
| Free legal aid | Rhode Island Legal Services provides legal assistance and representation to low-income individuals and eligible client groups in Rhode Island. Apply online or call 401-274-2652 (Providence office) or 401-846-2264 (Newport office); the site also lists 800-662-5034; submitting an application does not guarantee help, and if you appear to qualify RILS will contact you to verify the information and decide whether it can assist. LSC lists Rhode Island Legal Services as its Rhode Island grantee. LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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All legal help in Rhode Island · Do I need a lawyer?
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.