Rhode Island Small Estate Affidavit | Form PC-1.9
The Rhode Island Small Estate Affidavit (Form PC-1.9), is a three (3) page legal document that gives a person the power to collect the estate of another individual that recently died. The person that uses the document is formally known as the “affiant”, whereas the person that passed is known as the “decedent”.
In order to lawfully execute the form—which is officially known as the “Petition for Voluntary Informal Administration”—the decedent’s estate cannot be valued at more than $15,000.
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 both the affiant and decedent are accurate.
- Their relationship to the decedent is true.
- The schedule that was provided of the personal property 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.
- At least thirty (30) days must have passed since the death of the decedent.
- No petition for probate of the will, petition for letters testamentary, and letters of administration have been filed.
- The parties the affiant listed in section 3 of the affidavit are, to their knowledge, also qualified to inherit part of the decedent’s estate.
The affiant must file the affidavit along with the decedent’s death certificate with the clerk of the probate court and pay a thirty dollar ($30.00) filing fee to the clerk.
So long no probate proceeding is still in progress (nor is one considered 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.