Small Estate Affidavit in Rhode Island

If an estate is made up entirely of personal property worth no more than $15,000 (not counting the decedent's tangible personal property), a relative (spouse, child, grandchild, parent, sibling, niece, nephew, aunt or uncle) or other interested person who is an adult Rhode Island resident may file a verified statement with the probate court once 30 days have passed since death and no petition for letters has been filed. The filer becomes a voluntary administrator who collects the assets, pays funeral and other debts in the order set by law, and distributes the rest. The filing fee is $30 and the certificate of appointment is $5. Real estate is not covered.

The small estates (voluntary administration) procedure for estates of personal property up to $15,000 is the simplified option set out in the Small Estates chapter; it is reviewed by a probate judge and needs no hearing unless the judge orders one. Estates above that amount or with real estate go through regular administration.

Claims must be filed with the probate court (with a copy to the executor or administrator) within six months from the first publication of notice, or they are barred. A creditor who missed the deadline through accident, mistake, excusable neglect or lack of adequate notice may ask the court for leave to file late, but only before the estate is distributed.