Free Rhode Island Affidavit of Heirship

In Rhode Island, heirs put their identity on the land records with a recorded affidavit of facts affecting title that states who the heirs are.

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Your Information

The Rhode Island affidavit is signed by a person with personal knowledge of the decedent's family history.

State Where the Property Is Located*

The state whose land records the affidavit is recorded in. Only states where this tool prepares the affidavit are listed.

First Name*

Middle Name

Last Name*

How You Know the Family*

Your relationship to the decedent, or how you came to know the family and marital history. The affidavit states that you have personal knowledge of the facts in it.

Knew the Decedent From (Year)

Until (Year)

Street Address*

City*

State

ZIP Code*

Phone Number

Email Address*

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Rhode Island's recorded instrument, Affidavit as to family facts, rests on the general recording statute for affidavits of facts affecting title to land. What a recorded affidavit does, in the statute's words: a recording under § 34-13-1 is constructive notice to all persons of the contents of the recorded instrument, so far as it is genuine. It is evidence of the facts it states, not a deed; it does not itself transfer title, and a purchaser, lender or title company decides whether to rely on it.

In the town clerk or recorder of deeds. The office records it as it records deeds, in the county where the land lies, and charges its recording fee per page.

The Rhode Island statute names no particular affiant; the affidavit is signed by someone with personal knowledge of the decedent's family. The statute names no witness requirement. Title companies commonly ask that the affiant be someone other than an heir, or that two people who know the family sign; the office relying on the affidavit sets what it will accept. It states: Family facts, including dates of birth, marriage, and death; Facts which relate or purport to relate to title to land.

The Rhode Island recording statute names no particular notarial act for the affidavit; the prepared document carries a notarial block, and the recording office sets what it accepts.

It does not transfer title, and it is not the route for every asset. A deceased owner's vehicle is retitled through Rhode Island Division of Motor Vehicles on AFFIDAVIT AND ASSIGNMENT OF TITLE – SOLE HEIR AFFIDAVIT, a separate agency form. Where a purchaser, lender or title company will not rely on a recorded affidavit, the court route is Certificate of descent filed in probate administration (R.I. Gen. Laws § 33-3-14), which determines the heirs by order.

The Affidavit of Heirship in Rhode Island

Rhode Island has no statute written for an affidavit of heirship. The recorded instrument, “Affidavit as to family facts” in the statute's words, rests on the general recording statute for affidavits of facts affecting title to land; death, relationship and heirship are among the facts such an affidavit may state, so it is recorded as a statement of the decedent's death, family history, heirs and the real property involved.

The recorded affidavit's standing under Rhode Island law: a recording under § 34-13-1 is constructive notice to all persons of the contents of the recorded instrument, so far as it is genuine. It conveys nothing by itself; a purchaser, lender or title company decides whether to rely on it.

The affidavit is recorded in the town clerk or recorder of deeds.

The statute names no witness requirement, so the office relying on the affidavit sets what it will accept; title companies commonly ask that the affiant be someone other than an heir.

The statute's list of what the affidavit recites: Family facts, including dates of birth, marriage, and death; Facts which relate or purport to relate to title to land.

A deceased owner's vehicle takes a separate route: it is retitled through the Rhode Island Division of Motor Vehicles on AFFIDAVIT AND ASSIGNMENT OF TITLE – SOLE HEIR AFFIDAVIT, an agency form that is not the recorded affidavit. Where a recorded affidavit will not be relied on, the heirs are determined by court order in Certificate of descent filed in probate administration (R.I. Gen. Laws § 33-3-14).

SimplyTrust Editorial·Updated September 24, 2026

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Data sourced from Rhode Island statutes and official state code. How we research.

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Free Rhode Island Affidavit of Heirship

In Rhode Island, heirs put their identity on the land records with a recorded affidavit of facts affecting title that states who the heirs are.

Progress0%

The Affidavit of Heirship in Rhode Island

The affidavit is recorded in the town clerk or recorder of deeds.

The statute names no witness requirement, so the office relying on the affidavit sets what it will accept; title companies commonly ask that the affiant be someone other than an heir.

The statute's list of what the affidavit recites: Family facts, including dates of birth, marriage, and death; Facts which relate or purport to relate to title to land.

Free Rhode Island Affidavit of Heirship

Your Information

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Free Rhode Island Affidavit of Heirship

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