Updated September 13, 2023
A Rhode Island small estate affidavit is a form that can be used to speed the distribution of assets in certain estates. Any estate that is valued at less than $15,000 is considered a small estate. This helps avoid the long and costly process of traditional probate. If the deceased (also known as the decedent) has a will and appointed a personal representative who is capable of fulfilling that role, this affidavit will be denied.
Laws
- Days After Death – Thirty (30) days (Gen. Laws 1956, § 33-24-1(a))
- Filing Fee – $30 for initial filing and an additional $5 for formal appointment of a voluntary administrator (Gen. Laws 1956, § 33-24-1(b))
- Maximum Amount ($) – $15,000 (Gen. Laws 1956, § 33-24-1(a))
- Signing – The affiant and any co-affiants must sign in the presence of a notary public, who must also sign and affix their seal. Then both a Probate Judge and their clerk must sign the affidavit to formally approve it.
- Statutes – Title 33, Chapter 24 (Small Estates)
How to File (4 steps)
2. No Personal Representative
3. Complete Documents
- Decedent’s Will (if any)
- Petition for Voluntary Informal Executor
How to Write
Download: PDF
(1) Rhode Island County. A drop-down menu has been provided in the first field of this document. Select the Rhode Island County where this filing takes place from this list. If this is being completed on paper, make sure to type or print this information.
(2) Rhode Island Decedent Information. The legal name of the Rhode Island Deceased will be a way to identify the estate. Supply the legal name of the Rhode Island Deceased then continue to dispense any Alias he or she may have been known as where requested.
Probate Court Information
(3) Rhode Island City Or Town. Present the city or the town of the Probate Court where this matter occurs by selecting it from the list provided or by manually providing this information.
(4) Court Number. Deliver the file or matter number assigned by the Probate Court to identify this estate.
Rhode Island Decedent Information
(5) Name Of Rhode Island Deceased. The full name of the Rhode Island Deceased should be recorded separately in the next area.
(6) Date Of Death. The date when the Rhode Island Deceased passed away will be found on his or her death certificate. Review this certificate then transcribe the formal date of the Rhode Island Decedent’s death to the area requesting it.
(7) Address Of Rhode Island Deceased. The home address where the Rhode Island Deceased was living at the time of his or her death should be documented.
Petitioner
(8) Rhode Island Affiant Name. The Rhode Island Petitioner, otherwise known as the Rhode Island Affiant, should be identified.
(9) Relationship With Rhode Island Deceased. Naturally, the Petitioner or the Rhode Island Affiant will have had a relationship with the Deceased. Divulge the nature of this relationship to the area provided.
(10) Address Of Rhode Island Affiant. It is mandatory that the Rhode Island Affiant be a resident of the State of Rhode Island. Utilize the area provided to document the full residential address of the Rhode Island Affiant.
(11) Rhode Island Affiant Contact Phone Number.
Intestacy Directive
(12) Name Of Heir. Every Heir whose relationship to the Rhode Island Deceased qualifies him or her as Kindred or Family entitled to receive assets from the Rhode Island Deceased’s estate must be identified. For instance, the Children, Parents, and Siblings of the Rhode Island Deceased all qualify for an inheritance when a Rhode Island Resident passes away without a will. If the Rhode Island Decedent did not have a will then list every qualified Heir to his or her estate in the first column displayed in Article 3.
(13) Relationship Between Heir And Rhode Island Deceased.
(14) Address Of Heir. Dispense the residential address of each of the Rhode Island Decedent’s Heirs.
Decedent Directive
(15) Name Of Beneficiary. If the Rhode Island Deceased made and issued a will before he or she passed away, then each Beneficiary named to receive estate assets should be identified in the first column of Article 6.
(16) Address Of Beneficiary. Record the residential address of every Beneficiary of the Rhode Island Decedent’s estate.
Acknowledgment Statement
(17) Signature Date. When the Rhode Island Affiant has confirmed that all required attachments are present and that the information on this document is accurate, he or she will need to coordinate with a Notary Public to execute this paperwork properly. This process will begin with a record of the current calendar date when the Rhode Island Affiant is set to sign his or her name.
(18) Printed Name Of Rhode Island Affiant. The Rhode Island Affiant’s printed name must be delivered to this document when he or she signs it. Every Co-Affiant will also need to complete the signature process and has been supplied with a separate area to do so.
(19) Signature Of Rhode Island Affiant. The signature of the Rhode Island Affiant should be submitted as a qualified Notary Public whose license is recognized by this state observes.
(20) Street Address Of Rhode Island Affiant. The home address of the Rhode Island Affiant making this petition should be presented once he or she has provided the required signature.
(21) Rhode Island Affiant Contact Information. The current e-mail address and telephone number (i.e. cell phone, home phone, etc.) should be documented where requested. Once the Rhode Island Affiant has supplied this information he or she will need to follow the directions of the Notary Public, especially if there are Co-Affiants who must participate in this signing process.
(22) Co-Affiant Printed Name. An additional area has been supplied if there is more than one Affiant. If there are more than two Affiants, then an attachment with their notarized signature should be completed at the time of signing. Every Co-Affiant’s printed name must be supplied by this Party when he or she signs this document.
(23) Co-Affiant Signature. Each Co-Affiant behind this petition must sign his or her name, therefore an additional area has been supplied should there be is more than one Affiant working with this petition. If there are more than two Affiants, then an attachment with their notarized signature should be completed at the time of signing.
(24) Co-Affiant Address. Every Co-Affiant must record his or her residential address even if he or she lives with the Rhode Island Affiant.
(25) Co-Affiant Contact Information.
(26) Notary Public. The Rhode Island Notary Public overseeing the signing of this paperwork will complete the area provided for notarization.
Court Response
(27) Confirmation Of Rhode Island Court. The Probate Judge and Probate Court reviewing this paperwork will both supply their dated signatures and printed names.
