What information is needed to request estate files from a county probate division in RI?

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney or the appropriate court for specific guidance.

Detailed Answer

In Rhode Island, estate administration and related records fall under the probate provisions of the Superior Court. Under R.I. Gen. Laws § 33-27-1, most probate files are public unless sealed by court order. To request estate files from a county probate division (i.e., the Superior Court clerk’s office in the county where the decedent resided), you generally need the following information:

  1. Decedent’s Full Name: Provide the exact name as shown on the will or probate petition.
  2. Date of Death: The approximate date helps the clerk locate the correct file.
  3. Case or Docket Number (if known): Every probate matter receives a docket number on filing. If you lack it, the clerk can search by name and date.
  4. County of Filing: Submit the request to the Superior Court clerk in the county where the decedent lived at the time of death.
  5. Your Contact Information: Include your full name, address, phone number, and email so the court can notify you when the records are ready.
  6. Copy or Inspection Request: Indicate whether you want certified copies, plain paper copies, or to inspect the file in person.
  7. Payment of Fees: Rhode Island charges reasonable copying fees. Under the Access to Public Records Act, see R.I. Gen. Laws § 38-2-2, requesters pay per page fees plus certification fees if needed.

Submit your request in one of three ways:

  • In person at the county Superior Court clerk’s office.
  • By mail, addressed to the clerk, with a self-addressed stamped envelope and payment.
  • Online, if the county offers an electronic records portal (check the Rhode Island Judiciary website).

The clerk’s office will confirm receipt, estimate fees, and inform you when copies are available or when you may inspect the file. Sealed files require a court order; if you need sealed records, you must petition the court under R.I. Gen. Laws § 33-27-1.

Helpful Hints

  • Verify the correct courthouse location and hours on the Rhode Island Judiciary website before you go.
  • Call the clerk’s office in advance to confirm fees and any special requirements.
  • Bring a government-issued ID if you plan to inspect files in person.
  • If you don’t know the exact filing date, a broad date range can still help staff locate the case.
  • Keep a copy of your written request and any payment receipts for your records.
  • Be patient: retrieval times vary depending on court workload and whether the file is archived.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.