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RI · Probate Court (city/town-level)

Rhode Island

Small-estate-affidavit threshold and procedure under § R.I.G.L. § 33-24-1.

Verified 2026-05-04
Personal property
$15,000
statutory cap
30-day wait

Estate consisting entirely of personal property.

01

Who is eligible to file

  • Surviving spouse or registered domestic partner
  • Adult children, equally if more than one
  • Parents of the decedent, if no spouse or descendants
  • The named executor under the will, if one exists
  • An heir at law under Rhode Island's intestate-succession statute, in the absence of the above
02

What counts toward the threshold

The threshold counts only assets that pass through probate. The following do not count against the cap:

Joint tenancy property
Passes by right of survivorship.
Community property w/ ROS
Vests in surviving spouse.
Beneficiary-designated
Life insurance, IRAs, 401(k)s.
TOD / POD accounts
Bank, brokerage, vehicle titles.
Living trust assets
Distributed by the trust, not the will.
Wages owed to surviving spouse
Often a separate path.

State note: Estate consisting entirely of personal property.

Waiting period
State requires 30 days to elapse from date of death (personal-property path) before filing.
Real property
Excluded — personal property only

The small-estate-affidavit pathway in this state excludes real property. Real-property transfers require a different procedure (often regular probate).

03

Where to file

File with the Probate Court (city/town-level) in the county where the decedent resided at death.

We do not maintain a county-by-county directory. The Rhode Island judicial system operates an authoritative court locator.

Find your county’s Probate Court (city/town-level) via the Rhode Island judicial council website. Search for “Rhode Island Probate Court (city/town-level) county locator” or visit the state government court directory.

04

Form & statute

Form
  • Voluntary Informal Administration
    Form prescribed by local probate court.
Statute
§ R.I.G.L. § 33-24-1
http://webserver.rilegislature.gov/Statutes/TITLE33/33-24/INDEX.htm
voluntary informal administration