Rhode Island Affidavit of Heirship for Small Estates
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How to fill out Affidavit Of Heirship For Small Estates?
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FAQ
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, you can make a living trust to avoid probate for virtually any asset you own?real estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee).
If you die with a surviving spouse and children, your spouse will inherit your real estate for life and half of your personal property. Your children will inherit everything remaining. If you die with surviving parents, but no spouse or children, your parents will inherit everything.
How Long Do You Have to File Probate After Death in Rhode Island? Rhode Island has one of the nation's shortest timeframes where heirs can submit a will to probate. Probate must be filed in court within 30 days of the heir being notified of the person's death.
An estate consisting of personal property having a fair market value of $15,000 or less can use a simplified proceeding. Usually, this decision to use the "small estate" provision is made by the lawyer and the personal representative at the time of the initial conference.
For the most part, Rhode Island statutes governing the drafting and enforcement of wills are very similar to those in other states. The testator must be 18 or older, of sound mind, and must sign the will in the presence of at least two witnesses.
Probate must be filed in court within 30 days of the heir being notified of the person's death. Claiming estate assets without filing for probate may result in a contempt of court charge and possible jail time.