RI state guide
Rhode Island estate risk overview
This guide explains how estate outcomes work in Rhode Islandwhen there is no plan. We cover intestacy rules, probate flow, guardianship defaults, and tax exposure in clear, educational language.
Snapshot
Key default outcomes
- Intestacy laws determine who receives assets.
- Probate court oversees the estate and public filings.
- Guardianship for minors is court-appointed if needed.
- State and federal tax rules may apply to larger estates.
What happens without a will
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.
Probate process
Rhode Island allows voluntary informal administration for small estates consisting entirely of personal property below a statutory cap.
- The personal property cap is $15,000 (excluding tangible personal property) for voluntary informal administration.
- At least 30 days must pass after death, and no petition for letters can be filed.
- An eligible relative or interested party files a verified statement in the local probate court.
- Voluntary informal administration begins with a verified statement filed in the local probate court.
Estate and inheritance tax exposure
Rhode Island imposes a state estate tax above an annually adjusted threshold.
- For decedents dying on or after January 1, 2015, estates above $1,500,000 are taxable.
- For decedents dying on or after January 1, 2026, the threshold is $1,838,056 based on the annual adjustment.
- Rhode Island does not impose an inheritance tax.
- State estate tax thresholds are separate from the federal exemption and can be lower; confirm current exclusion and filing requirements.
Guardianship for minors
Rhode Island parents are joint natural guardians, but probate courts can appoint guardians and minors age 14 or older may nominate a guardian.
- Parents are joint natural guardians with equal rights, subject to court orders.
- A probate court may appoint a guardian for a minor under age 14.
- A minor age 14 or older may nominate a guardian, subject to probate court approval.
- A parent may appoint a guardian by will, subject to probate court approval.
- Older minors may nominate a guardian, subject to court approval.
- Parents can nominate a guardian by will or written instrument, subject to court approval.
Risk areas
Explore estate risk dimensions in Rhode Island
Intestacy risk
How assets are distributed when there is no will and state default rules control the outcome.
Probate risk
Court-supervised estate process, timing, cost exposure, and public record requirements.
Tax exposure
State estate or inheritance tax rules and how they interact with federal thresholds.
Guardianship risk
How courts appoint guardians for minors when no plan is in place.
Complexity triggers
Scenarios that increase estate risk, such as blended families or multi-state property.
Common mistakes in Rhode Island
- Assuming a spouse automatically receives everything under state law.
- Leaving guardianship decisions to the court by default.
- Ignoring probate timelines, creditor notices, or court filings.
- Failing to coordinate beneficiary designations with estate intent.
- Missing state estate tax thresholds and filing rules.
Who is most exposed
Higher default risk in Rhode Island
- Families with minor children or dependents.
- Blended families or second marriages.
- Households with property in more than one state.
- Business owners without succession instructions.
- Higher-net-worth estates near state tax thresholds.
Next: explore planning options in Rhode Island
EstateRiskIQ does not provide legal advice. We highlight how default outcomes work so you can decide whether to explore professional guidance or planning tools.