RI risk areas
Rhode Island estate risk areas
These pages explain how default state rules in Rhode Island shape inheritance, probate, guardianship, taxes, and complexity. Start with the risk area that matches your biggest concern.
How to use this guide
- Read the risk summaries to understand default outcomes.
- Open a risk guide for state-specific details and sources.
- Use this as education, not legal advice.
Intestacy risk
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.
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Probate risk
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.
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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.
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Guardianship risk
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.
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Complexity triggers
Rhode Island provides a spousal elective share and a statutory family allowance that can supersede will provisions.
- A surviving spouse may elect to take one-half of the net estate under the statutory share.
- A reasonable allowance is available for the maintenance of the surviving spouse and minor children during administration.
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