Small estate affidavit in Rhode Island (2026)

Rhode Island at a glance

Affidavit cap

$15,000

Waiting period

30 days

If there is a will

Special rule — see below

File with a court

Yes

Real estate

Not covered

Court shortcut

Regular probate (no separate summary administration)

Can you use it?

Enter the date of death and the value. Nothing you type leaves your browser.

A worked example for Rhode Island

Say a parent who lived in Rhode Island died on March 1, 2026, leaving $12,000 in a bank account in their name only and no house. $12,000 is within the $15,000 cap for that date of death, so the family can use the affidavit from March 31, 2026.

The rules in Rhode Island

• The affidavit. A relative or interested party files a sworn statement with the city or town probate court. After the judge reviews it, the clerk issues a certification of appointment as voluntary administrator (or voluntary executor), which the holder accepts to pay or deliver the scheduled assets.
• Cap. Probate-inventory personal property, other than tangible personal property, worth $15,000 or less, and no real estate.
• What counts. An estate made up entirely of personal property; the total value of assets that would be listed on a probate inventory, not counting tangible personal property the decedent owned, must not exceed $15,000.
• What doesn't count. Tangible personal property (household goods, vehicles and other physical items) is not counted; non-probate assets are not counted. Any real estate makes the procedure unavailable.
• Waiting period. The statement can be filed after 30 days from the date of death.
• Conditions. No petition for letters may have been filed. If there is a will naming an executor, § 33-24-2 applies: the named executor (or alternates/relatives) files and the original will must be filed. The voluntary administrator pays funeral, last-illness and administration expenses, then debts in statutory order, then distributes; the judge may require a hearing.
• Who can sign. A surviving spouse, child, grandchild, parent, brother, sister, niece, nephew, aunt or uncle, or any interested party, who is an adult with legal capacity and a Rhode Island resident. Under a will, the named executor first.
• Court filing. The verified statement, on the court's form, with a death certificate, is filed with the probate court of the city or town where the decedent lived. No hearing is required unless the judge orders one.
• Fee. $30 to file the statement plus $5 for the certification of appointment

Houses, land and vehicles

• Real estate. The procedure applies only to estates consisting entirely of personal property; real estate requires regular probate.
• Vehicles. Rhode Island DMV uses a Sole Heir Affidavit (Affidavit and Assignment of Title) when heirs claim a vehicle with no letters issued or pending; a surviving spouse has a separate transfer process.

When the affidavit isn't enough

Rhode Island has no separate summary court procedure beyond the voluntary administration statement; larger estates or estates with real estate need letters testamentary or of administration from the municipal probate court.

Good to know in Rhode Island

• A voluntary administrator is liable as an 'executor in his or her own wrong' to anyone harmed and to any later appointed executor or administrator (§ 33-24-1(f)).
• Probate courts are run by each city or town, so forms and filing practice vary locally.

Official help and forms

• Rhode Island small-estate form

Sources

• R.I. Gen. Laws § 33-24-1 (read October 23, 2026)
• R.I. Gen. Laws § 33-24-2 (read October 23, 2026)
• Rhode Island DMV, Transfer at Death (read October 23, 2026)
• RI DMV Sole Heir Affidavit (read October 23, 2026)
• City of Providence Probate Court, Petition for Voluntary Informal Administration (read October 23, 2026)

Legal information, not legal advice. Caps and forms change — confirm with the court or the statute before you sign. How we check: methodology.