Rhode Island probate code · checked October 2026
For money and belongings, Rhode Island's affidavit limit is $15,000 — applied to the estate after the assets that pass automatically are taken out. The Rhode Island estate must consist entirely of personal property — real property closes this door; and the $15,000 cap is measured in a way most charts omit (see traps). The affidavit, where one exists, cannot be used until 30 days have passed since the death.
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The affidavit limit today: $15,000, judged by the law in force on the date of death.
The paper: Statement for voluntary informal administration on a form prescribed by the probate court (R.I. Gen. Laws 33-24-1; for a will, statement under 33-24-2 with the original will filed).
How it moves: filed with the court — a court paper, not an envelope.
The wait: 30 days after the death before the affidavit can be used.
For a surviving spouse: No different spousal cap; the surviving spouse is first among the relatives listed in 33-24-1 who may file, under the same $15,000 cap.
| Track | Limit | How it works |
|---|---|---|
| Small-estate affidavit | $15,000 | Filed with the court. Form: Statement for voluntary informal administration on a form prescribed by the probate court (R.I. Gen. Laws 33-24-1; for a will, statement under 33-24-2 with the original will filed). |
A vehicle is tangible personal property, which is EXCLUDED from the $15,000 cap calculation - the cap measures only inventoryable intangible personal property, though the estate must consist entirely of personal property.
No solvency precondition; the voluntary administrator/executor must first pay funeral and last-sickness expenses and administration expenses, then the decedent's debts in the order in 33-12-11, and only then distribute the balance.
Rules checked October 2026 · Sources: R.I. Gen. Laws 33-24-1; R.I. Gen. Laws 33-24-2; R.I. Gen. Laws 33-12-11. This page reads the published law; it is not legal advice, and the court is the final word.