Small Estate Affidavit Thresholds & Procedure in Rhode Island
At a glance
| Governing law | R.I. Gen. Laws §§ 33-24-1 (voluntary administrator) and 33-24-2 (voluntary executor) |
|---|---|
| Dollar threshold | $15,000 in inventory-counted personal property, excluding tangible personal property (§§ 33-24-1(a), 33-24-2(a)) |
| Court filing required? | Yes: statement filed with probate court; clerk certifies after judge review, generally without hearing (§ 33-24-1(b)) |
| Waiting period after death | 30 days after death under both routes (§§ 33-24-1(a), 33-24-2(a)) |
| Works with a will, intestacy, or both? | Both: § 33-24-1 addresses a voluntary administrator; § 33-24-2 addresses a will naming an executor |
| Does it cover real property? | No: each route requires an estate consisting entirely of personal property (§§ 33-24-1(a), 33-24-2(a)) |
| Signature formalities | Statement verified by oath or affirmation on the court form; no witness count specified (§§ 33-24-1(a), 33-24-2(a)) |
| Protection for the bank/holder | Payment after certification discharges holder unless a duly appointed representative already made written demand (§ 33-24-1(c)); filer remains liable for wrongful administration (§ 33-24-1(f)) |
Requirements one by one
Dollar threshold
R.I. Gen. Laws § 33-24-1(a) tests an estate consisting entirely of personal property and excludes tangible personal property from the $15,000 counted value. Section 33-24-2(a) uses the same test when a will names an executor. Both provisions measure property otherwise listed on a probate inventory under § 33-9-1.
Court filing required?
The filer submits a court-form statement verified by oath or affirmation. Under § 33-24-1(b), the clerk records it with the death certificate and issues a certification after probate-judge review. The statute normally permits issuance without a hearing, though the judge may require one.
Works with a will, intestacy, or both?
Section 33-24-1 permits an eligible person to serve as voluntary administrator. Section 33-24-2(a) gives the named executor the first route when a will names one, followed by listed alternatives if the nominee cannot serve.
Protection for the holder
Under § 33-24-1(c), payment or delivery after presentation of certification discharges the holder, unless a duly appointed executor or administrator already made a written demand. Section 33-24-2(d) gives the parallel rule for a voluntary executor (§ 33-24-2(d)). The filer remains liable for wrongful administration under § 33-24-1(f).
What trips people up
The $15,000 ceiling does not count tangible personal property, yet any real property takes the estate outside both §§ 33-24-1(a) and 33-24-2(a). The probate court still reviews the statement even when it issues a certification without a hearing.
Common questions
Can a named executor file if living outside Rhode Island? Section 33-24-2(a) allows the named executor to file; § 33-24-2(b) requires a resident agent if the executor lives outside the state.
What if a full probate appointment is already pending? Sections 33-24-1(a) and 33-24-2(a) condition filing on no petition for letters having been filed with the probate court where the decedent lived.
Statutes and sources
- R.I. Gen. Laws § 33-24-1(a)–(c), (f): eligibility, filing, holder discharge, and liability — official section (accessed 2026-10-07).
- R.I. Gen. Laws § 33-24-2(a), (d): named-executor route and holder discharge — official section (accessed 2026-10-07).
- R.I. Gen. Laws § 33-1-10: intestate personal-property distribution referred to in § 33-24-1 — official section (accessed 2026-10-07).
Source links
Every statute quoted above, linked, with the date we checked it.
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