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.
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
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).
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.
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.
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).
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.
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).
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).
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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In Rhode Island it takes the form of voluntary informal administration of a small estate 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 lived, and the clerk issues a certificate appointing that person as voluntary administrator. It is available only for an estate consisting entirely of personal property valued at $15,000 or less, measured exclusive of tangible personal property, and only 30 days after the death. It is the fastest way to settle a small Rhode Island estate.
Full probate in Rhode Island grants letters to an executor or administrator who inventories the estate, pays claims, and accounts to the court. The Section 33-24-1 voluntary process skips a full proceeding: the clerk issues a certificate of appointment, usually without a hearing, so a family member can collect and distribute a small personal-property estate. It is available only when the estate is entirely personal property worth $15,000 or less and no petition for letters has been filed.
Under R.I. Gen. Laws Section 33-24-1, the estate must consist entirely of personal property, and the value listable on a probate inventory, exclusive of tangible personal property of which the decedent was owner, must not exceed $15,000. Because household goods and other tangible personal property are excluded from that measurement, the test focuses on assets like bank accounts and similar personal property. If the estate holds any real property, the voluntary process is not available.
At least 30 days must pass after the death before the verified statement may be filed under R.I. Gen. Laws Section 33-24-1. In addition, no petition for letters testamentary or letters of administration may have been filed with the probate court of the city or town where the decedent resided. The statement is accompanied by a certificate of death, so the date of death is documented when the 30-day period is measured.
No. R.I. Gen. Laws Section 33-24-1 is available only when the decedent left an estate consisting entirely of personal property. If the decedent owned any real property, the voluntary informal administration process cannot be used, and the estate must go through regular probate. The voluntary administrator collects debts, chattels, and other personal assets scheduled in the statement, but has no authority over Rhode Island real estate.
The verified statement is filed with the probate court of the city or town where the decedent resided (R.I. Gen. Laws Section 33-24-1). It is accompanied by a certificate of the decedent's death and a $30 filing fee, and $5 more is charged for the clerk to issue the certification of appointment of voluntary administrator. The clerk files the documents as part of the permanent record after the probate judge reviews the request.
Under R.I. Gen. Laws Section 33-24-1, the decedent's surviving spouse, child, grandchild, parent, brother, sister, niece, nephew, aunt or uncle, or any interested party may act, if that person is of full age and legal capacity and a resident of Rhode Island. The statement must schedule every asset known to be titled in the decedent's name and name the persons who would take under R.I. Gen. Laws Section 33-1-10 in intestacy.
A Rhode Island voluntary administrator must first pay funeral and last-illness expenses and administration costs without fee, then debts in the statutory order, then distribute the balance to those entitled under R.I. Gen. Laws Section 33-1-10. The administrator is liable as an executor in his or her own wrong to anyone aggrieved by the administration, and remains answerable to a later-appointed executor or administrator. The statement is signed under oath, so it should not be filed if the facts are uncertain.