RI risk area
Complexity triggers in Rhode Island
Scenarios that increase estate risk, such as blended families or multi-state property.
Rhode Island provides a spousal elective share and a statutory family allowance that can supersede will provisions.
Which situations create the most risk here?What types of families face higher default exposure?Where do disputes most often arise?
At a glance
Key takeaways
- 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.
Questions to consider
Questions this risk area helps you evaluate in Rhode Island
- Which situations create the most risk here?
- What types of families face higher default exposure?
- Where do disputes most often arise?
State overview
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.
Sources
- https://webserver.rilegislature.gov/Statutes/TITLE33/33-28/33-28-1.htm
- https://webserver.rilegislature.gov/Statutes/TITLE33/33-25/33-25-2.htm
Risk sources
- Uniform Probate Code (2019) - Foreign personal representatives
Article IV addresses ancillary administration and multi-state estates.
- Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA)
Jurisdiction conflicts for multi-state guardianship matters.
- Uniform Partition of Heirs Property Act (UPHPA)
Heirs property disputes and forced-sale protections.
National sources provide baseline context; state statutes and court rules control in Rhode Island.