Rhode Island Small Estate Affidavit: $15,000 Limit, Wait and Form

Rhode Island does not have a true no-court small estate affidavit. Its closest equivalent is voluntary informal administration under R.I. Gen. Laws § 33-24-1: when a Rhode Island resident dies leaving an estate made up entirely of personal property worth $15,000 or less (not counting tangible personal property), a relative or other interested party can file a sworn statement with the local probate court once 30 days have passed since the death.

The court clerk then issues a certification of appointment as voluntary administrator, and that certification is what banks and other holders act on. The statute sets a $30 filing fee and a $5 certification fee, and the procedure cannot reach real estate. To compare Rhode Island with other states, see our small estate affidavit rules by state.

Information last verified on 2026-10-07. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Rhode Island's small estates chapter (R.I. Gen. Laws §§ 33-24-1 and 33-24-2), small final-wage payments under § 28-14-6, passage of a vehicle to a surviving spouse under § 31-3.1-37, and the Medicaid estate lien under § 40-8-15. It does not cover full probate administration, who inherits under Rhode Island intestacy law, estate tax, or other states' rules. For opening a full estate, see our Rhode Island probate guide.

Does Rhode Island have a small estate affidavit?

Not in the sense most states use the term. Chapter 33-24 of the General Laws, titled Small Estates, has only two working sections: § 33-24-1 (a voluntary administrator) and § 33-24-2 (a voluntary executor, when a will names one). Section 33-24-3 is listed as repealed.

Both routes start with a filing in the probate court of the city or town where the person lived, and both end with a certification the clerk issues only after the probate judge has reviewed it. No self-executing affidavit that you sign and take straight to a bank appears in that chapter.

The good news is that the process is light. Section 33-24-1 says no hearing is required before the clerk issues the certification, although the probate judge may require one.

The $15,000 limit and what counts toward it

The two small estate routes share the same cap and the same waiting period. They differ in who files and whether there is a will naming an executor.

The statute measures the estate this way:

"leaving an estate consisting entirely of personal property the total value of which otherwise subject to being listed on a probate inventory pursuant to § 33-9-1, exclusive of tangible personal property of which the decedent was owner, does not exceed fifteen thousand dollars ($15,000) in value" (R.I. Gen. Laws § 33-24-1)

Two limits follow from that wording. The estate must be entirely personal property, so any real estate rules the procedure out. And tangible personal property the person owned is left out of the $15,000 count. The official PC-1.10 petition's asset schedule is limited to assets titled solely in the deceased person's name and states: "Not to exceed $15,000.00. No real estate or tangible personal property."

Tangible personal property, such as a car, furniture or jewelry, is left out of the $15,000 count. Section 33-24-1 does not itself say how joint accounts, payable-on-death accounts or life insurance are treated, and we have not verified how § 33-9-1 handles them. The statement's asset schedule covers assets titled solely in the person's name and assets known or believed to be titled in their name. If the estate is close to $15,000 or includes those kinds of assets, ask the probate clerk how the court counts them before you file.

The $15,000 figure is fixed in the statute, not adjusted for inflation. The section's history ends with P.L. 2011, ch. 363, § 10, with no later amendment listed, so do not assume a higher figure you may see elsewhere applies.

The 30-day wait and the no-petition rule

You cannot file until 30 days after the death. Section 33-24-1 also requires that nobody has already started a regular estate:

"after the expiration of thirty (30) days from the death of the decedent, provided no petition for letters testamentary or letters of administration has been filed with the probate court of the city or town in which the decedent resided" (R.I. Gen. Laws § 33-24-1)

If someone has already petitioned for letters, the small estate route is closed and the estate goes forward in that proceeding. The voluntary executor route in § 33-24-2 has the same 30-day wait.

Who can file

Under § 33-24-1, when there is no will naming an executor, the statement may be filed by the person's "surviving spouse, child, grandchild, parent, brother, sister, niece, nephew, aunt or uncle, or any interested party, if of full age and legal capacity and a resident of this state." A relative who lives outside Rhode Island cannot serve as voluntary administrator under that section.

When the will names an executor, § 33-24-2 gives the named executor the first right to act as voluntary executor. If that person declines or is unable to serve, the named alternate may act, and then the same family list. The original will must be filed with the statement, and an executor who lives outside the state must appoint a resident agent.

How to file, step by step

1. Wait 30 days after the death and confirm that no petition for letters has been filed in the probate court of the city or town where the person lived.

2. Get the official form. The Rhode Island Secretary of State hosts the probate forms, including PC-1.10, Petition for Voluntary Informal Administrator (Rev. 03/21) and PC-1.9, Petition for Voluntary Informal Executor. The probate forms page notes that some forms are not online and tells readers to contact the appropriate probate court. These are the statewide probate forms prescribed under R.I. Gen. Laws § 33-22-16, which lets each probate court require parties to use them.

3. Complete the sworn statement. Section 33-24-1 requires a statement on a court-prescribed form, verified by oath or affirmation, giving your name, facts about the person who died, your relationship, a schedule of the assets with their values, your undertaking to administer the estate, and the names and addresses of the heirs at law. Under § 33-24-2, the statement must also list the people who take under the will. The signer or signers sign PC-1.10 before a notary.

4. File it with the probate court of the city or town where the person lived, together with a certificate of death and the $30 fee set by the statute. Under § 33-24-2, file the original will as well.

5. Receive the certification. After the probate judge reviews the statement, the clerk issues a certification of appointment of voluntary administrator (or executor) for a $5 fee. The $30 and $5 figures are the statutory amounts; ask the clerk whether any local charges apply.

6. Collect the assets. With the clerk's certification, you can receive payment of any debt or delivery of any asset scheduled in the statement by giving a written receipt and surrendering the policy, passbook, note or certificate. Section 33-24-1 also lets you sell chattels and assign choses in action (claims the person could have collected).

7. Pay and distribute in the statutory order. Under § 33-24-1, you first pay the necessary expenses of the funeral and last sickness and of administration, taking no fee for your own services. You then pay debts in the order set by § 33-12-11, and distribute what remains to the surviving spouse or the heirs under § 33-1-10. A voluntary executor under § 33-24-2 distributes the balance according to the will instead, and to the spouse or heirs only if that proves impossible.

The voluntary administrator can only receive assets that are "scheduled in such statement," so list every account and asset you intend to collect.

What the procedure covers, and what it does not

Bank accounts and money owed. These are the core of the procedure. A bank or other holder that pays on the certification is protected (see below), which is why the certification, not a private affidavit, is what institutions ask for.

Real estate. Not covered. The statute applies only to an estate made up entirely of personal property, and the PC-1.10 petition has the signer state: "The Deceased owned no real estate at the time of their death." If the person owned a house or land, talk to the probate court about opening an estate; our Rhode Island property records guide explains how to look up what was recorded in their name.

Vehicles. A vehicle is tangible personal property, so it is not counted toward the $15,000 limit. A separate statute covers a vehicle when there is a surviving spouse. Under R.I. Gen. Laws § 31-3.1-37, unless the will provides otherwise, a deceased person's motor vehicles belong to the surviving spouse, and the Division of Motor Vehicles registers them in the spouse's name on a certified copy of the death certificate and the vehicle registration, with no fee for the new certificate of title. If there is no surviving spouse, or the will leaves the vehicle to someone else, ask the Division of Motor Vehicles what paperwork it requires.

Final wages. A separate statute handles small paychecks. Under R.I. Gen. Laws § 28-14-6, after 30 days an employer (including the state or a city or town) may pay the deceased worker's wages, in order of preference, to the spouse, then adult children, then parents, then siblings, then the person who paid the funeral bill, if the employer has no actual notice that letters have issued or a petition is pending, "provided the wages or personal earnings do not exceed the sum of one hundred fifty dollars ($150)." The employer is fully discharged by that payment and may require an affidavit of relationship.

Unclaimed property. We could not confirm whether the Rhode Island Treasury's unclaimed property program accepts a voluntary administrator's certification for a deceased owner's funds. Ask the Treasury before filing a claim, and see our Rhode Island unclaimed property guide.

Protection for banks, and the voluntary administrator's liability

A bank, insurer or other holder that pays or delivers on the clerk's certification is protected. Section 33-24-1 says the payment discharges its liability "to all persons" with respect to that asset, unless an appointed executor or administrator had already made a written demand for it.

That protection shifts the risk to the person who collected. The statute makes the voluntary administrator "liable as an executor in his or her own wrong to all persons aggrieved by his or her administration of the estate," and also answerable to an executor or administrator appointed later. The statute states no time limit on that liability.

Medicaid can be a debt of the estate. If the person who died was 55 or older and received Medicaid, R.I. Gen. Laws § 40-8-15 makes the benefits paid a lien on the probate estate, including personal property, whether or not a probate case is ever opened, unless the person is survived by a spouse, a child under 21, or a child who is blind or permanently and totally disabled. The statute also makes the amount a debt to the state from the person or entity liable for paying it. Check with the Rhode Island Executive Office of Health and Human Services before distributing anything to family.

The statement itself is verified by oath or affirmation and signed before a notary, so every value, relationship and heir you list is a sworn statement. Pay expenses and debts in the statutory order before distributing anything to family.

When to open probate instead

The small estate route does not fit if any of these apply:

• The person owned any real estate.
• The personal property counted under § 33-24-1 is worth more than $15,000.
• A petition for letters testamentary or letters of administration has already been filed.
• No eligible person who is a Rhode Island resident is available to file under § 33-24-1.
• Heirs or creditors dispute how the estate should be handled.

Our Rhode Island probate guide explains how a regular estate works in the city and town probate courts.

Related

• Small estate affidavit rules by state
• Rhode Island probate
• Rhode Island unclaimed property
• Massachusetts small estate affidavit
• Connecticut small estate affidavit

Disclaimer: This article is general legal information about Rhode Island law (R.I. Gen. Laws §§ 33-24-1, 33-24-2, 28-14-6, 31-3.1-37 and 40-8-15), verified on 2026-10-07. It is not legal advice. For your specific situation, contact the probate court clerk in the city or town where the person lived, a legal aid office, or a lawyer licensed in Rhode Island.

Last updated: 2026-10-07.

Frequently Asked Questions

What is the small estate limit in Rhode Island?

$15,000. Voluntary informal administration under R.I. Gen. Laws § 33-24-1 is available when the estate is entirely personal property worth $15,000 or less, not counting tangible personal property.

Does Rhode Island have a small estate affidavit that skips the court?

No. Chapter 33-24 contains only the voluntary administrator (§ 33-24-1) and voluntary executor (§ 33-24-2) procedures, and both require filing a sworn statement with the city or town probate court and a certification reviewed by the probate judge.

How long after death can I use the Rhode Island small estate procedure?

After 30 days from the death, and only if no petition for letters testamentary or letters of administration has been filed in the probate court of the city or town where the person lived (§ 33-24-1).

Can I transfer a house with a small estate affidavit in Rhode Island?

No. Section 33-24-1 covers an estate consisting entirely of personal property, and the official PC-1.10 petition has the signer swear the person owned no real estate at death. Real estate needs a different probate route.

Does the Rhode Island small estate statement need to be filed with the court?

Yes. You file it with the probate court of the city or town where the person lived, with a death certificate and a $30 fee, and the clerk issues a certification of appointment for $5 after the judge reviews it (§ 33-24-1).

Who can file for voluntary administration in Rhode Island?

A surviving spouse, child, grandchild, parent, brother, sister, niece, nephew, aunt or uncle, or any interested party, if of full age and legal capacity and a Rhode Island resident (§ 33-24-1). If a will names an executor, that person files first under § 33-24-2.

How do I transfer a car when someone dies in Rhode Island?

Under R.I. Gen. Laws § 31-3.1-37, unless the will provides otherwise, the vehicles pass to the surviving spouse, and the Division of Motor Vehicles registers them in the spouse's name on a certified copy of the death certificate and the registration, with no fee for the new title. In other situations, ask the Division of Motor Vehicles what it requires.

Can an employer pay a deceased worker's final wages to family in Rhode Island?

Yes, for small amounts. R.I. Gen. Laws § 28-14-6 lets an employer, after 30 days, pay up to $150, in order of preference, to the spouse, then adult children, then parents, then siblings, then the person who paid the funeral bill, if the employer has no actual notice that letters have issued or a petition is pending.