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A Rhode Island small estate affidavit is a form that can be used to speed the distribution of assets in certain estates. Any estate that is valued at less than $15,000 is considered a small estate. This helps avoid the long and costly process of traditional probate.
In Rhode Island, executor fees are not explicitly stipulated by statute. Instead, the state allows for "reasonable" compensation, which is determined on a case-by-case basis. This ambiguity can be both a benefit and a drawback, depending on the complexity of the estate and the amount of work required by the executor.
For decedents dying on or after January 1, 2023, the credit amount is $80,395, exempting from taxation the first $1,733,264 of an estate. This means that, in general, if a decedent passes away in 2023, a net taxable estate valued at $1,733,264, or less, will not be subject to Rhode Island's Estate Tax.
In Rhode Island, how long probate takes can vary significantly depending on a host of factors such as the complexity of the estate, whether there's a will, and the efficiency of the executor or administrator. On average, probate in Rhode Island may take anywhere from several months to over a year.
The length of time an executor has to settle an estate in Rhode Island can vary significantly, usually ranging from several months to over a year, depending on factors such as the size and complexity of the estate, the clarity of the will, and whether or not the probate process is contested.
Simple estates might be settled within six months. Complex estates, those with a lot of assets or assets that are complex or hard to value can take several years to settle. If an estate tax return is required, the estate might not be closed until the IRS indicates its acceptance of the estate tax return.
If you are in possession of a will of a deceased person, you must either file it with the appropriate court or deliver it to the person named in the will as executor, as under Rhode Island law the will is to be filed within 30 days after death.
Seeking Legal Recourse If you believe that the executor is not living up to their duties, you have two legal options: petition the court or file a civil lawsuit.