RI risk area
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.
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?
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 this risk area helps you evaluate 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
Risk 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.