RI estate risk
Intestacy risk in Rhode Island
How assets are distributed when there is no will and state default rules control the outcome.
Rhode Island intestacy gives a surviving spouse a life estate in real property and a defined share of personal property, with remaining assets passing to heirs under the rules of descent.
At a glance
Key takeaways
- Real estate descends to the surviving spouse for life, subject to the descent rules for children, parents, and siblings.
- The probate court may set off up to $150,000 in real estate (or sale proceeds) to the surviving spouse in fee, in addition to the life estate.
- Personal property: if no issue, the spouse receives $50,000 plus one-half of the remainder; if issue, the spouse receives one-half of the surplus personalty.
- The remaining personal property passes to heirs in the same order as real estate (children, parents, siblings).
Questions to consider
Questions to consider in Rhode Island
- Who inherits first if there is no will?
- How do spouse and children shares change by scenario?
- What are the most common surprises families face?
State overview
Rhode Island intestacy gives a surviving spouse a life estate in real property and a defined share of personal property, with remaining assets passing to heirs under the rules of descent.
- Real estate descends to the surviving spouse for life, subject to the descent rules for children, parents, and siblings.
- The probate court may set off up to $150,000 in real estate (or sale proceeds) to the surviving spouse in fee, in addition to the life estate.
- Personal property: if no issue, the spouse receives $50,000 plus one-half of the remainder; if issue, the spouse receives one-half of the surplus personalty.
- The remaining personal property passes to heirs in the same order as real estate (children, parents, siblings).
- Relatives of the half blood inherit equally with whole-blood relatives of the same degree.
Sources
- https://webserver.rilegislature.gov/Statutes/TITLE33/33-1/33-1-1.htm
- https://webserver.rilegislature.gov/Statutes/TITLE33/33-1/33-1-5.htm
- https://webserver.rilegislature.gov/Statutes/TITLE33/33-1/33-1-6.htm
- https://webserver.rilegislature.gov/Statutes/TITLE33/33-1/33-1-10.htm
Background sources
- Uniform Probate Code (2019) - Intestate succession (Article II)
Article II, Part 1 covers intestate succession, spouse/descendant shares, and representation rules.
National sources provide baseline context; state statutes and court rules control in Rhode Island.
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