Detailed Answer
Under Rhode Island law, a small estate affidavit lets heirs collect certain assets without full probate. You may use this procedure if the decedent’s personal estate (excluding real property) is valued at $40,000 or less. See R.I. Gen. Laws § 33-19.1 (Rhode Island Small Estates).
To prepare and file a small estate affidavit, gather the following documents:
- Certified Death Certificate: A certified copy from the Rhode Island Department of Health.
Request a death certificate. - Small Estate Affidavit Form: The completed affidavit reflecting the estate’s total personal property value and naming the affiant(s). Use the form prescribed by your local probate court.
- Proof of Identity: State-issued ID or driver’s license for each affiant.
- Asset Inventory: A detailed list of bank accounts, vehicles, personal effects, and other assets. Include account numbers and locations.
- Affidavit of Non-Administration: A sworn statement that no petition for administration or guardianship is pending. See R.I. Gen. Laws § 33-19.1-2.
- Heirship Statement: A document identifying all heirs and their relationship to the decedent. Have each heir sign acknowledging the asset distribution.
- Creditor Notice (if required): Some courts require proof that creditors were notified or that there are no outstanding debts.
Once assembled, file these documents with the probate court in the county where the decedent lived. The clerk will review the affidavit and, if all requirements are met, issue an order releasing the assets to the affiant(s).
Disclaimer: This information is for educational purposes only. It does not constitute legal advice. Consult a licensed attorney to address your specific situation.
Helpful Hints
- Confirm the $40,000 threshold before proceeding.
- Obtain certified copies of all vital records early.
- Use a checklist to track each document.
- Contact your local probate court clerk for their specific affidavit form.
- Keep originals in a safe place; courts often require certified copies.
- File electronically if your court offers e-filing to speed up processing.