Rhode Island Small Estate Affidavit
In Rhode Island a family member can settle a small estate through voluntary informal administration under R.I. Gen. Laws Section 33-24-1 when the estate is entirely personal property valued at $15,000 or less, filed with the local probate court 30 days after death. Attorney review available.
Introduction
A small estate affidavit is a sworn statement that lets a decedent's family settle a modest estate without a full probate administration. Rhode Island offers this through voluntary informal administration of small estates under R.I. Gen. Laws Section 33-24-1. A qualifying family member files a verified statement with the probate court of the city or town where the decedent resided, and the clerk issues a certificate appointing that person as voluntary administrator. It is available only when the decedent left an estate consisting entirely of personal property whose value listable on a probate inventory, exclusive of tangible personal property the decedent owned, does not exceed $15,000. The statement may be filed only after 30 days have passed since the death, and only if no petition for letters testamentary or letters of administration has been filed. A death certificate and a $30 filing fee accompany the statement, and $5 more is charged for the certificate of appointment. Because the estate must be entirely personal property, Rhode Island real estate cannot pass this way. DocDraft builds your Rhode Island voluntary administration statement from your facts, with attorney review available before you file.
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Key Things to Know
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A small estate affidavit is a sworn statement that lets a decedent's family settle a modest estate without full probate; Rhode Island calls it voluntary informal administration of a small estate under R.I. Gen. Laws Section 33-24-1.
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It is available only when the decedent left an estate consisting entirely of personal property (R.I. Gen. Laws Section 33-24-1). If there is any real property, this process cannot be used.
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The value listable on a probate inventory, exclusive of tangible personal property of which the decedent was owner, must not exceed $15,000 (R.I. Gen. Laws Section 33-24-1).
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The verified statement may be filed only after 30 days have passed since the death, and only if no petition for letters testamentary or administration has been filed (R.I. Gen. Laws Section 33-24-1).
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The statement is filed with the probate court of the city or town where the decedent resided, along with a death certificate and a $30 filing fee; $5 more is charged for the certificate of appointment (R.I. Gen. Laws Section 33-24-1).
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The clerk issues a certification appointing the filer as voluntary administrator after review by the probate judge; no hearing is required unless the judge orders one (R.I. Gen. Laws Section 33-24-1).
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The voluntary administrator first pays funeral and last-illness expenses and administration costs, then debts, then distributes the balance to those entitled under R.I. Gen. Laws Section 33-1-10.
Key decisions before you file
Before you file a Small Estate Affidavit in Rhode Island, a few decisions shape the document: which option to choose and what each one means. The Small Estate Affidavit guide walks through them.
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Rhode Island Requirements for Small Estate Affidavit
30-Day Waiting Period
In Rhode Island the verified statement may be filed only after 30 days have passed since the death, and only if no petition for letters testamentary or letters of administration has been filed with the probate court of the city or town where the decedent resided (Rhode Island General Laws Section 33-24-1).
$15,000 Personal Property Limit
The value listable on a probate inventory, exclusive of tangible personal property of which the decedent was owner, must not exceed $15,000 (Rhode Island General Laws Section 33-24-1). Household goods and other tangible personal property are excluded from that measurement.
Estate Must Be Entirely Personal Property
Voluntary informal administration is available only when the decedent left an estate consisting entirely of personal property (Rhode Island General Laws Section 33-24-1). If the decedent owned any real property, this process cannot be used and regular probate is required.
Filed With the Local Probate Court
The verified statement is filed with the probate court of the city or town where the decedent resided, with a certificate of death and a $30 filing fee; $5 more is charged for the clerk to issue the certification of appointment (Rhode Island General Laws Section 33-24-1).
Certificate of Appointment Issued
The clerk issues a certification appointing the filer as voluntary administrator after review by the probate judge, and no hearing is required unless the judge orders one (Rhode Island General Laws Section 33-24-1). The certificate lets the administrator collect the scheduled assets.
Who May File the Statement
The decedent's surviving spouse, child, grandchild, parent, sibling, niece, nephew, aunt or uncle, or any interested party may file, if of full age and legal capacity and a resident of Rhode Island (Rhode Island General Laws Section 33-24-1).
Schedule of Assets and Heirs
The statement must schedule every asset known or believed to be titled solely in the decedent's name and its estimated value, and name the persons who would take under Rhode Island General Laws Section 33-1-10 in intestacy (Rhode Island General Laws Section 33-24-1).
Duties and Liability of the Administrator
The voluntary administrator first pays funeral and last-illness expenses and administration costs without fee, then debts in the statutory order, then distributes the balance under Rhode Island General Laws Section 33-1-10. The administrator is liable as an executor in his or her own wrong to anyone aggrieved by the administration.
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