In many states the law provides an informal means or process for administering small estates, as defined by the state’s statutes.

For example, in some states an estate under a certain value may be distributed using an affidavit known as a small estate affidavit that is signed by the persons to whom the estate’s assets are to be distributed and two disinterested witnesses.

And other states have a simplified small estate process under which the successor to an interest in real property may petition the court to transfer the real property and recognize the transfer of personal property.

Laws vary from state to state and a state’s informal process for administering a small estate is usually located in the state’s statutes—often in the estates code or probate code.

In Rhode Island, the law provides a simplified process for administering small estates through the use of a small estate affidavit. This process is designed to allow for the distribution of assets without formal probate proceedings when the value of the estate falls below a certain threshold. As of the knowledge cutoff in 2023, in Rhode Island, if the value of the decedent's personal property does not exceed $15,000, the successor may present a small estate affidavit to collect the property. This affidavit must be signed by the successor and may require additional documentation, such as a death certificate and proof of entitlement to the assets. The affidavit process in Rhode Island is typically quicker and less costly than formal probate, and it is governed by the Rhode Island General Laws, specifically under Title 33 (Probate Practice and Procedure), Chapter 33-24 (Small Estates). It is important for individuals to consult with an attorney to ensure compliance with all legal requirements and to determine whether the small estate process is appropriate for their specific situation.