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If a person dies with less than $15,000 of personal property, probate may be shortened under the "small estate" provision. The executor of the estate will have to file the necessary forms with the probate court, but the waiting time for the closure of these estates is typically much shorter and far less costly.
Upon the life estate holder's death, the life estate passes to a remainderman, without the need for probate. The deed specifies who will become the owner of the property upon death.
In order to close a small estate, an executor must: Complete a schedule of all known assets and the estimated value of each one. File the decedent's original will with the probate court. Present the deceased's death certificate to the clerk of the probate court. Pay applicable filing fees.
In Rhode Island, the probate process generally follows these steps: Filing a petition: A petition must be filed with the local probate court to either admit the will to probate and appoint the executor. Or, if there's no will, to appoint an administrator of the estate.
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.
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.
Probate Fees Probate of Will Advertisements (Hearing & Qualification) Total$34 $60 $94Setting Off/Allowing Real Estate In-Fee to Surviving Spouse AdvertisementNo Fee $30Copies of Probate Documents (per page)$1.50Certification (plus copy cost)$3Exemplified Copy of File Contents (plus certification and copy costs)$1028 more rows
Any Rhode Island estate larger than $15,000 is subject to probate regardless of whether the deceased had a will. The probate process verifies who will control and inherit assets from the estate.