The Rhode Island Small Estate Affidavit is the Petition for Voluntary Informal Administrator (Form PC-1.10) or the Petition for Voluntary Informal Executor (Form PC-1.9), a sworn form that a close relative files with a city or town probate court to settle a deceased person’s small estate without full probate. You file it when a Rhode Island resident dies owning only personal property worth $15,000 or less (not counting tangible items) and no real estate, as set by RIGL § 33-24-1.
Filing the right form lets you collect bank accounts, final paychecks, and other simple assets in weeks instead of the year or more that full probate can take. Getting a line wrong, though, can stall the whole thing. Rhode Island probate done the long way can cost upward of $14,000 and stretch past a year, which is exactly the cost and delay this short form is built to help families skip.
Here is what you will learn in this guide:
- 📋 How to fill out every box on Form PC-1.10 and PC-1.9, line by line.
- 💵 The exact $15,000 limit, what counts toward it, and what does not.
- ⏳ The 30-day waiting rule and why filing too early gets you rejected.
- ✍️ How to build the Schedule of Personal Property and get the form notarized.
- 🏛️ Where to file, the fees to pay, and what happens after the clerk certifies you.
What the Form Is and Who Must File It
The Rhode Island Small Estate Affidavit is a sworn petition that asks a probate court to appoint you as a voluntary administrator (no will) or voluntary executor (with a will) so you can legally gather and pay out a small estate. The form is authorized by RIGL § 33-24-1, which lets Rhode Island skip full probate for estates that are small and simple. Both the no-will form (PC-1.10) and the will form (PC-1.9) carry a revision stamp of Rev. 03/21, so check that date before you start so you know you have the current version.
You may file if you are the decedent’s surviving spouse, child, grandchild, parent, brother, sister, niece, nephew, aunt, or uncle, or any other interested party, and you are of full age and legal capacity. For the no-will form, you must also be a Rhode Island resident. The will form is slightly looser: an executor or alternate executor named in the will may live outside Rhode Island, but every other petitioner must be a state resident under RIGL § 33-24-2(A).
Two hard limits decide whether you may use this form at all. First, the estate must be personal property only that does not exceed $15,000, exclusive of tangible personal property. Second, the decedent must have owned no real estate at death. If either rule is broken, you cannot use the small estate path and must open full probate instead.
The form goes to the probate court of the city or town where the decedent lived, not to a single statewide court. Rhode Island runs probate through local municipal courts such as Providence, Cranston, Warwick, and Newport. That means the clerk you deal with, the office hours, and small filing details depend on the decedent’s hometown.
Before You Start: Documents and Information You Need
Gather everything below before you open the form. Missing one item is the most common reason a filer makes a second trip to the courthouse.
- Certified death certificate. The statute requires a death certificate with the petition; without it, the clerk cannot file your papers or appoint you.
- The decedent’s full legal name and any alias. The court indexes the estate by name, so a wrong or partial name can misfile the case.
- Date of death. You need this to prove the 30-day waiting period has passed; an early filing gets rejected.
- The decedent’s last residential address. This sets which town’s probate court has jurisdiction; the wrong court sends you back to square one.
- Your own name, address, phone, and relationship to the decedent. The court must confirm you are an eligible relative or interested party.
- A complete list of heirs under RIGL § 33-1-10. You must name who would inherit by intestacy; leaving someone off can void your appointment.
- A full list of solely titled assets with date-of-death values. This builds the Schedule and proves you are under $15,000; a guess can blow the cap.
- The original will and any codicils (PC-1.9 only). A will form must be filed with the will attached; without it, you must use the no-will form instead.
- A notary. The petition must be sworn before a notary public, so line one up before your signing date.
- About $35 in fees. You need $30 to file plus $5 for the certificate of appointment, or the clerk will not process you.
If any single item is missing, stop and get it first. The clerk will not “hold a spot” for you, and an incomplete petition simply does not move.
Where to Get the Form and How to Access It
You download the official forms from the Rhode Island Secretary of State, which hosts the probate forms library. The no-will version is the Petition for Voluntary Informal Administrator (PC-1.10), and the with-a-will version is the matching PC-1.9. Both live on the Secretary of State probate forms page, which links every current RI probate form.
Pick the right form first. If the decedent left a will, use PC-1.9 (Voluntary Informal Executor). If the decedent died without a will (intestate), use PC-1.10 (Voluntary Informal Administrator). Filing the executor form with no will attached, or the administrator form when a will exists, will get the petition bounced.
Each form is a fillable PDF you can type into on a computer or print and complete by hand in dark ink. Both forms are three pages: page one holds the sworn statements, page two holds signatures and the notary block, and page three is the Schedule of Personal Property. Some town courts also keep paper copies at the clerk’s counter, so you can ask in person if you cannot print at home.
A quick word on look-alikes. The forms are nearly identical on screen, and the only obvious difference near the top is “Died Intestate” on PC-1.10 versus “Died Testate” on PC-1.9. Double-check the form ID in the bottom-left corner before you spend an hour filling it out.
Step-by-Step: How to Fill Out Form PC-1.10 and PC-1.9 Line by Line
This section walks through every field in the order it appears on the form. The fields match on both forms unless noted. Everything you type or write that is a sample entry appears in italics so you can tell it apart from instructions.
Caption: County, City or Town, Estate of, and Alias
This is the box at the very top that names the case. It asks for the County, the Probate Court of the City or Town, the Estate of (the decedent’s name), and any Alias the person used. Choose the county from the dropdown, then the city or town where the decedent lived, and type the full legal name after “Estate of.” For an alias, list any other name the person was commonly known by, such as a maiden name. For example, Maria Lopez files for her late father and writes the court as Providence Probate Court, county Providence, and “Estate of” Antonio Garcia Lopez, alias Tony Lopez. A nuance: leave the No. (case number) and the gray “FOR COURT USE ONLY” date-filed box blank, because the clerk fills those in. A common mistake is naming the wrong town’s court, which forces a refile in the correct municipality and wastes the filing fee. Many filers wrongly believe any Rhode Island probate court will do; the case must be filed where the decedent resided, not where you live.
Name of Deceased, Date of Death, and Address
This field identifies the person who died, when they died, and where they lived. Type the decedent’s full legal name, the date of death in month-day-year form, and the decedent’s last home address. The PC-1.10 prints “(Died Intestate)” next to the date, and PC-1.9 prints “(Died Testate),” which is your reminder you grabbed the right form. For example, Antonio Garcia Lopez, date of death 02/11/2026, address 45 Atwells Avenue, Providence, RI 02903. A nuance: use the decedent’s true legal residence even if they died in a hospital or nursing home in another town, since residence, not place of death, sets jurisdiction. A common mistake is listing the place of death instead of the home address, which can route the case to the wrong court and delay appointment. People often think the date of death is just a formality, but it starts the 30-day clock the whole filing depends on.
Petitioner Block: Name, Relationship, and Contact Information
This block names you, the person asking to be appointed. Enter your Name, your Relationship to Deceased, and your Street Address, City/Town, State, Zip Code, and Phone Number. Write your relationship plainly using a term the statute recognizes, such as daughter, son, surviving spouse, brother, or niece. For example, Maria Lopez, relationship daughter, address 112 Broadway, Providence, RI 02909, phone 401-555-0184. A nuance: if two relatives want to serve together, both can be listed as co-petitioners and both must sign and swear later. A common mistake is listing a relationship that is not on the eligible list in RIGL § 33-24-1, which can get your petition denied for standing. Many people assume only a spouse can file, but a child, grandchild, sibling, niece, nephew, aunt, uncle, or any interested party may petition.
Paragraph 1: Statement of Age, Capacity, and Residency
Paragraph 1 is a sworn statement that you are of full age and legal capacity, and (for the no-will form) a Rhode Island resident. You do not write anything here; you confirm the printed statement is true before you sign. Read it and make sure it actually fits you. For example, Maria Lopez, age 41 and living in Providence, meets every part of this line for PC-1.10. A nuance on PC-1.9: the printed text notes that an executor or alternate executor named in the will may live outside Rhode Island, while all other petitioners must be residents under RIGL § 33-24-2(A). A common mistake is an out-of-state relative signing the no-will form, which fails the residency requirement and voids the appointment. People often think “full age” means retirement age; it simply means you are a legal adult, age 18 or older.
Paragraph 2: The 30-Day Waiting Period and No Prior Probate
Paragraph 2 swears that more than 30 days have passed since the death and that no petition for probate has been filed in the decedent’s city or town. You add nothing; you confirm both facts are true on your signing date. Count the days from the date of death before you sign. For example, with a death on 02/11/2026, Maria Lopez can truthfully swear to this line any time on or after 03/14/2026. A nuance: if another relative already opened a regular probate case, this fast-track form is off the table and you must join that proceeding instead. A common mistake is signing before the 30th day passes, which makes your sworn statement false and gets the petition rejected. Many filers think the 30 days run from the funeral; the clock runs from the date of death.
Paragraph 3: Heirs Who Would Inherit Under Intestacy
Paragraph 3 lists the people who would inherit under RIGL § 33-1-10 if there were no will. Fill in the Name, Relationship, and Address for each heir, using a separate sheet if you run out of room. List the legal heirs in order, such as a surviving spouse and children. For example, Maria Lopez lists herself, daughter, 112 Broadway, Providence, RI 02909, and her brother Carlos Lopez, son, 30 Hope Street, Cranston, RI 02920. A nuance: list heirs even on the will form (PC-1.9), because the court still wants to know who the intestate takers would be. A common mistake is leaving out an heir, such as a half-sibling or a child from a prior marriage, which can later void your appointment and reopen the estate. People often confuse heirs with beneficiaries; heirs are who the law would pick, while beneficiaries are who a will names.
Paragraph 4: The $15,000 Personal Property Schedule Statement
Paragraph 4 swears that the attached Schedule of all assets is personal property only and does not exceed $15,000, exclusive of tangible personal property. You confirm this printed statement and must attach the Schedule on page three. Add up your solely titled, countable assets before you sign to be sure you are under the cap. For example, Maria Lopez attaches a Schedule totaling $9,200 in bank funds, well under the limit. A nuance: tangible items like furniture or a car must be listed and valued on the Schedule but are not counted toward the $15,000 total. A common mistake is including a jointly owned or payable-on-death account in the total, which can falsely push you over the cap when those assets pass outside probate. Many people think the $15,000 covers everything the person owned; it covers only assets titled solely in the decedent’s name and subject to probate inventory under § 33-9-1.
Paragraph 5: No Real Estate Statement
Paragraph 5 swears that the deceased owned no real estate at the time of death. You add nothing; you confirm it is true. Make sure the decedent held no house, land, condo, or other real property in their sole name. For example, Maria Lopez confirms her father rented his apartment and owned no real estate, so this line is true. A nuance: a home owned jointly with a surviving spouse with right of survivorship usually passes outside probate, but you should confirm the deed before relying on it. A common mistake is overlooking a co-owned lot or timeshare, which makes this sworn statement false and can expose you to liability. People often assume a mortgaged home “is the bank’s,” but the decedent still owns titled real estate, which blocks this small estate path entirely.
Paragraph 6: Will Beneficiaries (PC-1.9) or Intestacy Reference (PC-1.10)
This paragraph differs by form. On PC-1.9, paragraph 6 lists the beneficiaries who take under the original will and any codicils filed with the petition, by Name and Address. On PC-1.10, the intestacy heirs were already captured in paragraph 3, so there is no separate beneficiary list. For the will form, copy the names exactly as the will spells them. For example, on PC-1.9 David Chen lists his late wife’s named beneficiaries, Emily Chen, 8 Bellevue Ave, Newport, RI 02840. A nuance: you must file the original will and codicils with PC-1.9, not a photocopy, or the clerk cannot accept it. A common mistake is paraphrasing a beneficiary’s name or skipping a codicil, which can create a gap between the will and your filing. People often think a will lets them skip the heirs list in paragraph 3, but the form still asks for the intestate takers too.
Paragraph 6 (PC-1.10) / Paragraph 7 (PC-1.9): The Voluntary Administrator Promise
This is the sworn promise that you will act as voluntary administrator or executor and apply the estate’s proceeds according to law, including payment of the funeral bill. The administrator form cites RIGL § 33-24-1(e); the executor form cites RIGL § 33-24-2(f). You do not write here, but understand you are taking on a real legal duty. For example, Maria Lopez accepts that she must first pay funeral and last-illness costs, then debts, then distribute what is left. A nuance: under RIGL § 33-24-1(e), you pay the funeral and last-sickness expenses first, then debts in legal order, then the balance to the heirs. A common mistake is paying yourself or a favorite relative before the funeral home, which breaches your duty and can make you personally liable. People think a voluntary administrator can keep a fee; the statute says you serve without a fee for your services.
Witness/Signature Line: Date of Signing
This line records the day you sign the petition, written as day, month, and year. Fill in the day, month, and year in the blanks within the “In Witness Whereof” sentence. Use the actual date you sign in front of the notary. For example, Maria Lopez writes 14th day of March, 2026. A nuance: this date must be on or after the 30th day from death, matching your paragraph 2 statement. A common mistake is pre-dating or post-dating the form away from the notary date, which the notary cannot certify. People think this date can be the date of death or filing; it must be the date you actually sign.
Affiant Block: Signature, Address, Email, and Phone
This block is where you and any co-petitioner sign and give contact details. Enter the Name of Affiant, sign on the Signature of Affiant line, and fill in Street Address, City/Town, State, Zip Code, Phone Number, and (on PC-1.9) Email. Do not sign until you are in front of the notary. For example, Maria Lopez prints her name, signs Maria Lopez, and lists 112 Broadway, Providence, RI 02909, 401-555-0184. A nuance: if you named a co-administrator, that second person fills out and signs the co-affiant block too. A common mistake is signing at home before seeing the notary, which forces you to redo the page. People assume a typed name counts as a signature; the court needs your actual handwritten signature.
Notary Block
The notary block is completed by a notary public who watches you sign and swears you in. The notary fills in the Name of Notary, State, County, the date, their signature, Commission ID#, Commission Expiration Date, and applies the Notary Seal. You leave this entirely to the notary. For example, a Providence notary writes the 14th day of March, 2026 and stamps the seal after Maria Lopez swears the statements are true. A nuance: bring a valid photo ID, since the notary must know you or verify you “through satisfactory evidence.” A common mistake is mailing an unsigned, un-notarized form, which the clerk will reject on sight. People think any witness can notarize; only a commissioned notary public may complete this block.
Court Use Blocks: Judge and Clerk Certification
The bottom blocks are filled in by the court, not by you. The Reviewed and approved line is signed by the Probate Judge, and the Certified line is signed by the Probate Clerk with the date. You leave both blank. For example, after review, the judge signs and the clerk certifies Maria Lopez as voluntary administrator. A nuance: under the statute, no hearing is required, but the judge may order one before certifying. A common mistake is writing in these boxes, which can look like tampering and confuse the clerk. People think certification is automatic the day they file; the clerk issues it only after the judge reviews the petition.
Page 3: Schedule of Personal Property Titled Solely in Deceased’s Name
Page three is where you list each solely owned asset and its date-of-death value. Write a Description of Assets in the left column and the Value on the right, then a Total at the bottom that must not exceed $15,000. List bank accounts, final paychecks, refunds, and similar items by description and value. For example, Maria Lopez lists Citizens Bank checking #…1234 — $4,100, Citizens Bank savings #…5678 — $3,600, and final paycheck — $1,500, for a total of $9,200. A nuance: tangible property such as a car or furniture must be listed and valued on the Schedule, but its value is not added into the $15,000 total. A common mistake is omitting an account you forgot about, which can later expose you for an incomplete sworn schedule. People think they can round or estimate freely; you should use real date-of-death values from statements, because the schedule is sworn under oath.
Three Filled-Out Examples Using Real Scenarios
Below are three common fact patterns, each following one person through the form. Sample entries are shown the way they appear on the actual form.
Scenario 1 — Maria files PC-1.10 for a parent who died without a will. Maria’s father died intestate in Providence with two bank accounts and a final paycheck.
| Form Section | What Maria Enters |
|---|---|
| Court / County | Providence Probate Court, county Providence |
| Estate of / Alias | Antonio Garcia Lopez, alias Tony Lopez |
| Name of Deceased / Date of Death | Antonio Garcia Lopez / 02/11/2026 (Died Intestate) |
| Decedent’s Address | 45 Atwells Avenue, Providence, RI 02903 |
| Petitioner / Relationship | Maria Lopez / daughter |
| Paragraph 2 (30 days) | Signs on 03/14/2026, more than 30 days after death |
| Paragraph 3 (heirs) | Maria Lopez, daughter; Carlos Lopez, son |
| Schedule (page 3) | Checking $4,100; savings $3,600; paycheck $1,500; total $9,200 |
| Affiant Signature / Date | Maria Lopez signs 14th day of March, 2026 before a notary |
Scenario 2 — David files PC-1.9 for a spouse who left a will. David’s wife died testate in Newport with savings and an uncashed refund, plus a car.
| Form Section | What David Enters |
|---|---|
| Court / County | Newport Probate Court, county Newport |
| Estate of | Emily Chen |
| Name of Deceased / Date of Death | Emily Chen / 01/20/2026 (Died Testate) |
| Petitioner / Relationship | David Chen / surviving spouse |
| Paragraph 3 (heirs) | David Chen, spouse; Lucas Chen, son |
| Paragraph 6 (will beneficiaries) | David Chen, 8 Bellevue Ave, Newport, RI 02840 |
| Will attached | Original will and one codicil filed with PC-1.9 |
| Schedule (page 3) | Savings $11,000; tax refund $2,500; total $13,500; car listed as tangible (not counted) |
| Affiant Signature / Date | David Chen signs 22nd day of February, 2026 before a notary |
Scenario 3 — Janet files PC-1.10 and runs into the $15,000 cap. Janet’s brother died intestate in Cranston, and her first asset list came in over the limit.
| Form Section | What Janet Enters |
|---|---|
| Court / County | Cranston Probate Court, county Providence |
| Estate of | Robert Doyle |
| Name of Deceased / Date of Death | Robert Doyle / 12/05/2025 (Died Intestate) |
| Petitioner / Relationship | Janet Doyle / sister |
| Paragraph 3 (heirs) | Janet Doyle, sister; mother, Helen Doyle |
| First draft Schedule | Checking $9,500 + savings $7,200 = $16,700 — over the cap |
| Problem found | A $7,200 account was payable-on-death, so it passes outside probate |
| Corrected Schedule | Checking $9,500 only; total $9,500 — under the cap |
| Affiant Signature / Date | Janet Doyle signs 15th day of January, 2026 before a notary |
How to File the Completed Form
You file the finished petition with the probate court in the city or town where the decedent lived. Rhode Island does not have one central filing portal for these forms; each municipal probate court runs its own counter, so the Secretary of State probate forms page is the best starting point to confirm your town’s court details.
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In person. Bring the signed, notarized petition, the certified death certificate, and (for PC-1.9) the original will to your town’s probate clerk during business hours. The fee is $30 to file plus $5 for the certificate of appointment under RIGL § 33-24-1(b). Most clerks accept check or money order payable to the city or town; confirm whether cash or card is allowed. Processing can be days to a few weeks, since the judge must review before the clerk certifies. Keep your certified certificate of appointment as your proof.
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By mail. Many town courts accept the petition, death certificate, will (if any), and a check for the fees by mail to the local probate court address listed on your town’s site. Use the same $30 plus $5 fee. Mail processing is slower, so allow extra time and include a self-addressed stamped envelope. Your proof is the certified certificate of appointment the clerk mails back.
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Online or fax. Statewide online filing is not standard for these small estate forms, and fax is rarely accepted. Call your town’s probate clerk first to ask whether any electronic option exists. If not, plan on in person or mail. Always keep a stamped, file-dated copy of your petition for your records.
Because logistics vary by municipality, call the clerk before you go and ask exactly how they want fees paid and documents submitted. A two-minute call saves a second trip.
What Happens After You File
After you file, the probate clerk reviews the petition and routes it to the probate judge. Under RIGL § 33-24-1(b), no hearing is required, but the judge may order one if something needs a closer look. Once the judge approves, the clerk issues your certification of appointment of voluntary administrator for the $5 fee.
With that certificate in hand, you become the legal representative of the estate for the listed assets. You present a copy of the certification, give a written receipt, and surrender the passbook, note, or other instrument to collect each scheduled asset, and the bank or payer is then discharged from liability. You may also sell a chattel or assign a debt to turn it into cash in a reasonable amount.
Then you must pay things in the right order. The statute directs you to first pay the funeral and last-sickness expenses and the necessary costs of administration, then the decedent’s debts in the order set by RIGL § 33-12-11, and finally distribute the balance to the surviving spouse or, if none, to the heirs under RIGL § 33-1-10. If a regular executor or administrator is later appointed, you must answer to that person, so keep clean records of every dollar in and out.
Mistakes to Avoid When Filling Out the Form
- Filing before 30 days pass. Your paragraph 2 oath becomes false, and the clerk rejects the petition.
- Using the wrong form. Filing PC-1.9 with no will, or PC-1.10 when a will exists, gets the petition bounced.
- Filing in the wrong town. A petition filed outside the decedent’s home court must be refiled, wasting the fee.
- Going over $15,000. Counting non-probate or joint assets can push you over the cap and disqualify the estate.
- Including real estate. Any solely owned real property makes the small estate path unavailable.
- Leaving out an heir. An omitted heir under § 33-1-10 can later void your appointment.
- Forgetting the death certificate. The statute requires it, so the clerk cannot file without it.
- Signing before the notary. An un-sworn signature makes the petition invalid and forces a redo.
- Filing a copy of the will. PC-1.9 needs the original will and codicils, not a photocopy.
- Skipping the asset schedule. Page three is required; without it, paragraph 4 is unsupported and the filing stalls.
- Estimating values loosely. A sworn schedule needs real date-of-death values, or you risk a false-oath problem.
- Paying yourself first. The statute makes the funeral and last-sickness costs come before any distribution.
Do’s and Don’ts
Do:
- Do confirm the estate is under $15,000 and has no real estate, because those two rules decide if you can use the form at all.
- Do wait the full 30 days from death before signing, since paragraph 2 is sworn under oath.
- Do attach a certified death certificate, because the statute requires it with the petition.
- Do list every solely titled asset on page three, so your schedule is complete and truthful.
- Do sign only in front of a notary, because the petition must be sworn to be valid.
- Do keep your certificate of appointment, since banks require it to release funds.
Don’t:
- Don’t count joint or payable-on-death accounts in the total, because they pass outside probate and can blow the cap.
- Don’t file in your own town if the decedent lived elsewhere, since jurisdiction follows the decedent’s residence.
- Don’t pay heirs before the funeral bill, because that violates the payment order and creates personal liability.
- Don’t use a photocopy of the will on PC-1.9, since the court needs the original.
- Don’t write in the judge or clerk boxes, because those are court-use only.
- Don’t guess at asset values, since the schedule is sworn and errors can be treated as a false statement.
Pros and Cons of Filing on Your Own vs. With Help
| Filing Pro Se (On Your Own) | Filing With an Attorney |
|---|---|
| Pro: You save legal fees on a simple form that costs only about $35 to file. | Pro: A lawyer spots disqualifiers like hidden real estate or an over-cap account before you swear to them. |
| Pro: You move at your own pace and file as soon as the 30 days pass. | Pro: Help is valuable when heirs disagree or a creditor surfaces, because mistakes carry personal liability. |
| Pro: The form is short and the statute is plain, so many families finish it in a day. | Pro: An attorney can pivot you to full probate fast if the estate turns out too large. |
| Con: A wrong oath or missed heir can void your appointment, and you bear that risk alone. | Con: Fees can rival the value of a tiny estate, which may not be worth it. |
| Con: You must judge for yourself what counts toward the $15,000 cap. | Con: Hiring help adds time to find and brief a lawyer for a form you could likely file yourself. |
| Con: No clerk can give you legal advice, only procedural pointers. | Con: For a clean, clearly small estate, professional help is often more than you need. |
Frequently Asked Questions
Which form do I use if there is a will?
Yes, use Form PC-1.9, the Petition for Voluntary Informal Executor, and file the original will and any codicils with it; use PC-1.10 only when there is no will.
Can I file if the estate is exactly $15,000?
Yes, the limit is “does not exceed $15,000,” so an estate at exactly $15,000 qualifies, but anything above it does not.
Does a car count toward the $15,000 limit?
No, tangible personal property like a car must be listed and valued on the schedule, but its value is not added into the $15,000 total.
Do I count a joint bank account in the schedule?
No, list only assets titled solely in the decedent’s name; joint and payable-on-death accounts pass outside probate and do not count.
What relationship do I write in the petitioner block?
Yes, write a recognized term such as daughter, son, surviving spouse, brother, niece, nephew, aunt, uncle, or interested party, matching the eligible list in RIGL § 33-24-1.
Do I list heirs in paragraph 3 even with a will?
Yes, the form still asks for the people who would inherit under intestacy in paragraph 3, even on the will form.
Can I file before 30 days have passed?
No, you must wait more than 30 days from the date of death, because paragraph 2 swears that this period has already passed.
Does the date in paragraph 2 run from the funeral?
No, the 30-day clock runs from the date of death, not the funeral or burial date.
Can an out-of-state relative file?
No for the no-will form, since petitioners must be Rhode Island residents; on PC-1.9, only a named executor or alternate executor may live out of state.
Do I need to get the form notarized?
Yes, you must sign the petition before a notary public who completes the notary block; an un-sworn form is rejected.
How much does it cost to file?
Yes, expect about $35 total: $30 to file the petition and $5 for the certificate of appointment under RIGL § 33-24-1(b).
Where do I file the petition?
Yes, file with the probate court in the city or town where the decedent lived, not where you live or where the person died.
Will there be a court hearing?
No, no hearing is required by statute, though the probate judge may order one before issuing your certification of appointment.
What if the decedent owned a house?
No, you cannot use this form if the decedent owned any real estate in their sole name; that estate must go through full probate instead.
Related reading
- How to Fill Out Arkansas Small Estate Affidavit (w/Examples) + FAQs
- How to Fill Out South Carolina Small Estate Affidavit (w/Examples) + FAQs
- How to Fill Out the Rhode Island Final Account and Petition for Distribution + FAQs
- How to Fill Out the Rhode Island Inventory and Appraisement of the Estate + FAQs
- How to Fill Out the Rhode Island Petition for Probate of Will (Form PC-1.5) + FAQs
- How to Fill Out a South Dakota Small Estate Affidavit (w/ Examples) + FAQs
- How to Fill Out Arkansas Petition for Probate of Will (w/Examples) + FAQs