Free Rhode Island Affidavit of Heirship Form

Rhode Island Affidavit of Heirship Form

When family members die and the estate is involved, the situation can be difficult to deal with, particularly where probate comes in. Although heirs have no standard statute-based heirship affidavit in this state to transfer real property, there are some simplified ways. The Rhode Island Affidavit of Heirship Form and the alternatives can assist with the processing of smaller estates or the transfer of certain estates without the process of full probate.

What Is an Affidavit of Heirship Form in Rhode Island?

An Affidavit of Heirship is an affidavit listing the heirs of a deceased person. It commonly does this to disclose family lineages, describe heirs, and even help effectuate transfers of property. This form of affidavit, though not a direct replacement of probate in the ownership of land, supports the settlement of estates by clarifying ownership relationships and helps in the transferring of specific assets.

Voluntary Informal Administration – R.I. Gen. Laws § 33-24.1

• On smaller estates, the process of voluntary informal administration can be used, which works a lot like a small-estate affidavit.

  Eligibility requirements:

  • The total estate value does not exceed $15,000 (excluding tangible personal property).

  • No real estate is included.

  • At least 30 days have passed since the decedent’s death.

  • No probate has been opened.

  Who may file: Spouses, children, grandchildren, parents, siblings, nieces, nephews, or any interested Rhode Island resident.

  Procedure:
  The heir applies to the local probate court by filing a verified statement giving heir details, an inventory of assets and confirmation of debts. They include a death certificate and small filing fee. After acknowledgement, the court clerk provides a declaration whereby the heir can claim and administer estate holdings without a formal process of probate.

  Effect: The personal property that can be controlled by the voluntary administrator are bank accounts, securities, or household goods. In the case of Providence or Warwick, many heirs proceed in this manner to have small estates settled quickly without a protracted court action.

Sole Heir Affidavit – Vehicle Transfers

• The Rhode Island DMV provides a specific affidavit for heirs when only a vehicle is being transferred. Known as the Sole Heir Affidavit, it allows the heir to retitle a car without going through probate.

  Requirements include:

  • Swearing under oath that the filer is the sole heir.

  • Presenting a certified death certificate.

  • Confirming no probate proceedings are pending.

This option is limited to vehicles and cannot be used for land or other assets. In Cranston or Pawtucket, it is particularly helpful when heirs need immediate transfer of vehicle ownership after a death.

No Statutory Real Estate Affidavit of Heirship

No statute in this state authorises the transfer of real estate by the filing of an affidavit of heirs. An informal entry of a real estate affidavit of heirship in county land records does not guarantee clear title. Probate or a quiet title action is required to give legal assurance to title insurers and future buyers. This implies that although heirs are able to record relationships using affidavits, they must go through probate to gain legal possession of land or houses.

How an Affidavit Helps in Practice?

• Affidavits can play key roles even without direct, more direct statutory powers over real estate transfers:

  • Establishing family lineage and inheritance rights.

  • Supporting probate filings or informal estate procedures.

  • Providing a record for title insurers in transactions involving real property.

  • Clarifying ownership for heirs during estate settlement.

For example, heirs in Providence dealing with small bank accounts may use Voluntary Informal Administration, while families in Warwick handling vehicle titles may rely on the Sole Heir Affidavit.

Steps to Complete the Rhode Island Affidavit of Heirship Form

• 1. Gather Information – Collect full details of the decedent, heirs, and assets.

  2. Prepare the Affidavit – Names, addresses, descriptions of property and histories of relationships are included.

  3. Attach Required Documents – Attach any necessary consents and certified death certificate.

  4. Notarise the Form – Sign before a notary public to validate.

  5. File or Record – Submit to probate court for voluntary administration or record with appropriate offices for supporting documentation.

Common Questions

1. Can this form transfer real estate in Rhode Island?
Not directly. Probate is still required for houses or land.

2. Is there a simplified way for small estates?
Yes, Voluntary Informal Administration works for estates under $15,000 in value.

3. What if only a vehicle needs transfer?
The Sole Heir Affidavit at the DMV can be used for that specific purpose.

4. Does an affidavit guarantee title?
No, especially for real estate. Probate or a court action may be required for clear ownership.

To have a legally compliant and possible-to-use Rhode Island Affidavit of Heirship Form, you may prepare and download it now on https://forms.legal/. This will keep your affidavit state-specific and make it easy to handle an estate settlement process.