Rhode Island Small Estate Affidavit

A Rhode Island Small Estate Affidavit is comprised of three pages that request the provision of certain information and statements by a person who is seeking to obtain the small estate of a Decedent via this Affidavit (a party legally known as the Affiant). By lawfully executing this form—which is officially called the “Petition for Voluntary Informal Administration (Form PC-1.9)”—the Affiant will be well on their way to obtaining up to $15,000 worth of the Decedent’s estate.

Laws & Required Conditions

Laws: § 33-24-1

Maximum Estate Value: $15,000

Required Conditions: The Affiant must swear under oath that the following is true:

  • The provided names and addresses of the Affiant themselves and the Decedent,
  • Their statement regarding their relationship to the Decedent,
  • The schedule they have provided of the personal property that is titled solely in the name of the Decedent,
  • The Affiant is a resident of Rhode Island, is of full age and legal capacity, and qualifies to file the Affidavit,
  • In excess of thirty (30) days must have elapsed since the time of the Decedent’s death,
  • No Petition for Probate of the Will nor petition for letters testamentary nor letters of administration have been filed, and
  • The parties the Affiant has listed in section 3 of the Affidavit are, to their knowledge, also qualified to inherit part of the Decedent’s estate.

Moreover, the Affiant must file the Affidavit along with the Decedent’s death certificate with the clerk of the probate court and pay a thirty dollars ($30.00) filing fee to the clerk. So long as no probate proceeding is still in progress (nor is one deemed necessary), the Affiant is also required to obtain a certification of appointment of a voluntary administrator, of which will be issued to them upon payment of a five-dollar ($5.00) fee.