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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.
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.
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.
If a will exists, probate distributes the assets ing to the terms of the will. However, if a person dies without a will, probate allocates property, money, and other assets ing to Rhode Island intestacy laws.
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).
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.
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.
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.