Probate has several kinds of cost. A court filing fee is only one part of the budget. Attorney fees, accounting work, property expenses and disputes may also affect how much remains for beneficiaries. A useful estimate begins with the estate’s assets and the work required, rather than a single figure that supposedly applies to every family.
Separate the court fee from the total cost
Rhode Island and Massachusetts calculate probate filing fees differently. The figures below describe the identified court fees, not a quote for legal representation or the total cost of an estate. Additional filings, publication, certificates and other expenses may apply.
Rhode Island probate filing fees
Under R.I. Gen. Laws § 33-22-21, the fee for a petition for probate of a will or appointment of an administrator is generally 1% of the personal property over which the court has jurisdiction, subject to a $30 minimum and a $1,500 maximum. The statute provides for adjustment when the initial estimate is incorrect.
That is not a 1% attorney fee and should not be applied automatically to the value of a house or every asset the deceased person owned. Ownership and the estate’s circumstances affect what the probate court administers. Confirm the applicable fee and any additional charges with the municipal probate court before filing.
Massachusetts probate filing fees
The Commonwealth’s published fee schedule lists $375 plus a $15 surcharge for the identified formal and informal probate petitions. This does not include every possible charge associated with the proceeding. Different filings or qualifying administration procedures may have different fees.
These figures were checked against official sources on October 4, 2026. Consult the current court schedule when preparing a filing.
What affects attorney fees?
The necessary work may include appointment filings, asset identification, an inventory, creditor issues, a property transaction, account preparation and closing documents. Missing records, unclear ownership and disagreements can require additional work.
A relatively modest estate with a title problem or contested will may require more legal work than a larger estate with organized records and straightforward administration. Ask what the proposed representation includes, how fees are calculated, whether an initial payment is required and how additional work will be addressed. Mark’s office confirms the scope and fee terms in an engagement agreement after reviewing the matter.
Other estate expenses to budget for
- Required publication, notices, certified documents and bond premiums when applicable.
- Appraisals and valuations needed for estate assets or a proposed transaction.
- Tax preparation and accounting work.
- Insurance, utilities, maintenance and carrying costs for estate property.
- Real estate sale expenses or other transaction costs.
- Additional legal work if claims, ownership or distributions become disputed.
Estate debts and taxes also affect the amount available for distribution, but they are different from the professional and administrative expenses of probate. Review all of these obligations before calculating beneficiaries’ expected shares.
Who pays, and can an executor be reimbursed?
The source of payment depends on the expense, the engagement terms, available estate funds and applicable approvals. Do not assume every cost incurred by a beneficiary will be paid by the estate. If you advance funds for an estate expense, keep the invoice, proof of payment and explanation of its purpose.
If estate funds are limited, payment priorities and timing need particular attention. Obtain advice before paying selected claims or distributing money that may be needed for outstanding obligations.
How can families avoid unnecessary expense?
Organized records, a reliable asset list and clear communication reduce time spent reconstructing information. Identify property issues early. Ask about the appropriate administration procedure, and address questions about an accounting before signing a release. A dispute may justify legal action, but its likely cost should be considered alongside the remedy sought.
For an initial estimate, gather the will, general asset and debt information, any real estate details and existing court papers. Use the consultation checklist and contact Mark to discuss the proposed work. Mark C. Hamer handles estate administration across Rhode Island and Massachusetts.