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When dealing with the passing of a loved one, the last thing anyone wants is to navigate a complicated legal process. In Rhode Island, the Small Estate Affidavit offers a streamlined option for settling the estate of a deceased person without the need for formal probate. This form is designed for estates valued at $15,000 or less, making it an accessible choice for many families. The affidavit allows individuals to collect and distribute the deceased's assets efficiently, ensuring that the process is as stress-free as possible during a difficult time. By completing this form, heirs can affirm their relationship to the deceased and outline the assets they are entitled to inherit. The Small Estate Affidavit simplifies the transfer of property, bank accounts, and other assets, all while providing a clear legal framework that protects the interests of all parties involved. Understanding how to use this form can save time, reduce costs, and help families move forward with their lives after a loss.
Rhode Island Small Estate Affidavit Example
This document serves as a Rhode Island Small Estate Affidavit, created to expedite the process of estate administration for small estates in the state of Rhode Island, in accordance with the Rhode Island General Laws Section 33-24.1 (Small Estates). It is intended for use by the legal heirs or designated representatives of a deceased person's estate, where the total value of the estate does not exceed the threshold specified by Rhode Island law.
Decedent Information
- Full Name of Decedent: ____________________________________
- Date of Death: ____________________________________________
- County of Death: __________________________________________
- Did the decedent have a Will? (Yes/No): ______________________
Affiant Information
- Full Name of Affiant: ______________________________________
- Relationship to Decedent: _________________________________
- Address: _________________________________________________
- Phone Number: ____________________________________________
The undersigned swears under penalty of perjury that:
- The information provided above is true and correct to the best of their knowledge.
- The value of the entire estate, wherever located, less liens and encumbrances, does not exceed the statutory limit established under Rhode Island law.
- All known debts, funeral expenses, and taxes of the decedent's estate have been or will be paid.
- There has been no application or petition for the appointment of a personal representative in any jurisdiction.
Affiant requests the transfer of the following described property belonging to the decedent's estate:
Description of Property: ___________________________________________________________
Value of Property: _________________________________________________________________
This affidavit will be presented to entities holding property of the decedent or any indebtedness to the decedent's estate to request transfer of the said property or payment of the indebtedness to the Affiant as successor of the decedent.
Signature of Affiant
__________________________________________ Date: __________________
State of Rhode Island
County of _______________________
Subscribed and sworn to before me this _____ day of _______________, 20____.
Notary Public: ___________________________________
My Commission Expires: ___________________________
File Characteristics
| Fact Name | Details |
|---|---|
| Purpose | The Rhode Island Small Estate Affidavit allows individuals to claim assets of a deceased person without going through formal probate, simplifying the process for small estates. |
| Eligibility | This affidavit can be used when the total value of the estate is less than $15,000, excluding certain exempt assets. |
| Governing Law | The use of the Small Estate Affidavit in Rhode Island is governed by R.I. Gen. Laws § 33-25-1. |
| Required Information | The form requires details such as the decedent's name, date of death, and a list of assets to be claimed. |
| Signature Requirement | The affidavit must be signed by the person claiming the assets, affirming the accuracy of the information provided. |
| Filing Process | The completed affidavit is typically submitted to the financial institutions or entities holding the deceased’s assets. |
| Exemptions | Certain assets, such as jointly held property or life insurance proceeds, may not be included in the small estate calculation. |
| Timeframe | It is advisable to file the Small Estate Affidavit soon after the decedent's death to expedite access to assets. |
| Legal Assistance | While legal assistance is not required, consulting with an attorney can help ensure that the affidavit is completed correctly. |
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