Rhode Island — Confirming a Bank Account Is Under the $20,000 Small‑Estate Limit

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

How to Confirm a Bank Account Is Under the $20,000 Small‑Estate Limit in Rhode Island

This page explains, in plain language, how to determine whether a deceased person’s bank account (and other personal property) falls under Rhode Island’s $20,000 small‑estate threshold so you can use the simplified small estate process. This is educational information only and not legal advice.

Detailed answer — overview and step‑by‑step

Rhode Island allows a simplified procedure for estates with limited assets. To use that procedure you must determine whether the decedent’s personal property subject to probate (not including many nonprobate items) totals $20,000 or less. Follow these steps to check whether an account qualifies.

1. Understand what counts toward the $20,000 limit

  • Count only personal property that would be part of probate. Typical items include standalone checking and savings accounts titled solely in the decedent’s name, personal investments held in the decedent’s name, and tangible personal property (vehicles, jewelry, etc.).
  • Do NOT count nonprobate assets that pass automatically to someone else: accounts with a surviving joint owner, payable‑on‑death (POD) or transfer‑on‑death (TOD) designations, assets titled in a living trust, life insurance or retirement accounts with named beneficiaries. Those generally bypass probate and are excluded from the $20,000 calculation.
  • If ownership is unclear, gather the account agreement or bank print‑out showing the title (sole owner, joint tenant, POD, etc.). That document determines probate vs. nonprobate treatment.

2. Get the account balance as of the date of death

  • Banks freeze or restrict accounts after learning of a death. Contact the bank and request an official statement showing the balance on the date of death and any holds, fees, or withdrawals occurring immediately after death.
  • If the bank will not give information until you provide a death certificate, request a certified copy of the death certificate from the state or funeral home and deliver it to the bank. The bank can then provide the historic balance or a formal letter.
  • Collect statements for the date of death for every account you believe might be probate property. For investment accounts, use the market value at date of death.

3. Add all probate personal property values

  • Make a list and total the date‑of‑death values of every item that appears to be probate property (see step 1).
  • If a single bank account is the only item, its date‑of‑death balance is what matters. If the total of all probate personal property is $20,000 or less, you may qualify for the small estate affidavit process.

4. Confirm title issues and exceptions

  • Double‑check account titling. If the account is jointly held with rights of survivorship, the balance passes automatically to the survivor and normally does not count toward the $20,000 limit.
  • For accounts with POD or beneficiary designations, ask the bank for the beneficiary designation form on file. If a beneficiary is named, the account is generally nonprobate.
  • If the account funds were transferred to a trust before death, those funds are trust property and not part of probate. Get the bank’s trust account documentation.

5. Use the Rhode Island small‑estate affidavit if eligible

  • If the probate personal property total is at or below $20,000, Rhode Island provides a simplified means to collect and distribute the property without full probate. (For Probate & Family Court information and forms, see the Rhode Island Judiciary: Rhode Island Probate & Family Court.)
  • Typical steps for the small estate process: prepare the affidavit (or form the court requires), attach a certified death certificate, have the affidavit sworn/notarized, file or present it to the bank or the Probate Court as required, and satisfy any short creditor notice obligations. The court or the bank will explain the precise local steps and forms.

6. What to do if your totals are over $20,000

  • If the probate personal property exceeds $20,000 you will most likely need to open a probate estate under Rhode Island law. The Probate & Family Court can explain the full probate filing requirements.
  • Even if you exceed the limit, there are other options (informal probate, small formal probate, or trustee distributions) depending on the situation. Consider consulting a probate attorney if the estate is complex, if there are disputes, or if creditors are likely to make claims.

7. When to get help

  • Ask an attorney or the Probate Court if account title is unclear, if beneficiaries conflict, or if you find potential creditor claims. An attorney can also calculate taxable or contested items and advise on preserving rights and avoiding personal liability for improper distribution.

Key Rhode Island resource: Rhode Island Probate & Family Court (forms, local procedures, and contact information): https://www.courts.ri.gov/Courts/ProbateFamily/Pages/default.aspx.

Note: Rhode Island statutes and forms control procedures and may change. If you need to cite a statute or follow an exact form, contact the Probate & Family Court or consult an attorney.

Helpful hints — practical checklist

  • Start with the bank: ask for a written statement of the account balance on the date of death and a copy of the account signature card/title.
  • Gather a certified copy of the death certificate early; banks and courts almost always require it.
  • Make a full inventory of all accounts, investments, and valuable personal property and note how each item is titled.
  • Document conversations with banks and institutions (who you spoke with, date, and what they said). Save emails or letters.
  • Remember that beneficiary designations and joint‑owner titles usually defeat probate — confirm by reviewing the actual account paperwork, not just the account name on a statement.
  • If you are close to the $20,000 threshold, consider conservative valuation (use date‑of‑death values, not current or future values) and consult the Probate Court clerk if unsure.
  • If a creditor later challenges a distribution made under the small estate procedure, you could face personal liability for distributing assets prematurely. When in doubt, consult an attorney before distributing estate funds.
  • Keep careful records of every distribution you make under the small estate process, including receipts and signed releases if possible.

Disclaimer: This article provides general information about Rhode Island probate procedures and is not legal advice. Laws and court procedures change. For advice about your particular situation, contact the Rhode Island Probate & Family Court or a licensed attorney familiar with Rhode Island probate law.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.