Detailed answer — how to decide which assets to list

This summary explains how to identify and report the assets you should include on a Rhode Island small‑estate affidavit. It assumes you are using an affidavit or summary procedure offered by a Rhode Island probate court to collect a decedent’s personal property without formal probate. This is educational information only and not legal advice.

1. Start with the form’s instructions

Read the specific affidavit form or the probate court’s instructions first. Different courts and forms ask for slightly different details (for example, some list categories like bank accounts, vehicles, and personal property; others request a single combined value). If the form defines terms (like “personal property” or “net probate estate”), follow those definitions.

2. Assets you generally should list

• Assets titled solely in the decedent’s name: bank accounts, investment accounts, brokerage accounts, cash, personal property (furniture, jewelry, collectibles) that have no designated beneficiary and are not jointly owned.
• Vehicle titles held only in the decedent’s name. Include make, model, year, and title number if asked.
• Safe‑deposit box contents when access requires proving entitlement; note the box and its contents to the extent known.
• Claims and receivables owed to the decedent (tax refunds, unpaid wages, receivables) if those claims are collectible and belong solely to the decedent.
• Personal property of value (artwork, jewelry, electronics) that you will seek to remove or transfer under the affidavit.

3. Assets you generally do NOT list (or list differently)

• Jointly owned property with right of survivorship: property owned as joint tenants or tenants by the entirety typically passes automatically to the surviving owner and is not part of the decedent’s probate estate. Note on the affidavit if an asset is jointly owned and identify the surviving co‑owner instead of claiming the full value as probate property.
• Accounts with beneficiary designations (payable‑on‑death, transfer‑on‑death, retirement plans, life insurance): these pass to named beneficiaries directly. Do not list them as assets to be transferred via the small‑estate affidavit; instead, identify that such an account exists and cite the beneficiary if the form asks.
• Property held in trust: assets already held in a living or testamentary trust pass under the trust document and normally are not part of the probate estate.
• Real property (real estate): many small‑estate procedures are limited to personal property only. If the decedent owned real estate in their sole name, the probate court may require formal probate or a different summary procedure. Check the form or court rules; if real property should not be handled via the affidavit, do not include it as a collectible asset.

4. How to fill in values and the “zero/blank” question

• Do not put zero unless the value is truly zero. Listing 0 may be read as an intentional misstatement. If an item has no monetary value, write “0” or “none” only if the form instructs you to do so.
• If you do not know an exact value, estimate and label it as an estimate. Use the fair market value at the decedent’s date of death (what a willing buyer would pay). If the form allows, note “approx.” and the basis of your estimate (recent sale, appraisal, itemized inventory).
• Avoid leaving required fields blank. If you don’t have information, write “unknown.” Leaving blanks can delay processing or cause a court to reject the affidavit.
• Separate “no asset” responses from omitted answers. If a category does not apply (for example, no life insurance), write “none” or “N/A.” That shows you considered the category.

5. Special situations to note on the affidavit

• Pending transfers or claims: if an insurance claim or pension death benefit is pending, identify it and list the expected proceeds if known; otherwise mark as pending/unknown.
• Contested property, liens, or debts: note encumbrances (mortgages, security interests) if asked. A small‑estate affidavit typically deals with net collectible personal property, so list gross value and known liens where required.
• Digital assets and accounts: most forms don’t have a dedicated line, but you should identify substantial digital property (cryptocurrency, monetizable online accounts) if applicable and if you can access or collect it.

6. Documentation you should gather

To support what you list, collect:

• Certified copy of the death certificate
• Account statements, titles, title certificates for vehicles, appraisal receipts
• Contracts, insurance policies, beneficiary forms
• Recent bank statements and investment account statements
• Evidence of joint ownership or beneficiary designations

7. When to stop and consult the probate court or an attorney

If the estate includes real property, disputed ownership, unknown assets of significant value, tax issues, or creditor claims, stop and consult the probate court clerk or an attorney. Courts apply their own forms and local rules; an attorney can help avoid mistakes that can cause personal liability for misstatements.

For general information on Rhode Island probate law, see the Rhode Island General Laws—Title 33 (Probate Procedure): https://webserver.rilegislature.gov/Statutes/TITLE33/. For forms and local probate court information see the Rhode Island Judiciary probate court pages: https://www.courts.ri.gov/Courts/ProbateandFamilyCourt/Pages/Probate%20Court.aspx.

Helpful Hints

• Review the affidavit form carefully and follow any category definitions it provides.
• Make a complete inventory before you start the form—it’s easier than stopping to track down documents later.
• Mark categories explicitly as “none,” “N/A,” or “unknown” rather than leaving blanks.
• Don’t include assets that pass automatically outside probate (joint tenancy, named beneficiaries, trust property) as collectible estate assets — instead note them for the record.
• When valuing items, use account balances at date of death or reasonable fair‑market estimates; keep documentation to support those values.
• Keep copies of the signed affidavit and supporting documents you file with the court or give to institutions.
• If a bank or company refuses the affidavit, get a written explanation and consider filing for formal probate or seeking legal help.
• When in doubt about whether real property or complex assets belong on the affidavit, consult the probate court clerk or an attorney before filing.

Disclaimer: This article explains general Rhode Island practice and is for education only. It is not legal advice. For advice specific to your situation, contact a Rhode Island probate attorney or the local probate court.