Probate in Rhode Island: What Your Family Goes Through Without a Will
When someone dies without a will in Rhode Island, the estate follows the state's intestate succession laws through the probate court in the city or town where the decedent lived.
Those exceptions to this process include the following.
- Any life insurance policies that have a designated beneficiary listed.
- Any retirement accounts with a designated beneficiary listed.
- Property held in joint tenancy with right of survivorship.
- Any bank accounts with a payable-on-death designation.
If none of these apply, Rhode Island offers a small estate affidavit process for estates consisting entirely of personal property worth $15,000 or less. A separate voluntary informal executor process is available for somewhat larger estates once 30 days have passed since the death.
Succession Laws Without a Will in Rhode Island
Rhode Island is not a community property state. Its succession laws also treat real estate and personal property differently, which is unusual compared to most states. Under Rhode Island General Laws Title 33, the lines of succession without a will are as follows.
- For real estate, if you have children or their descendants, they inherit it in equal portions.
- If you have no children, your real estate passes to your parents, or, if they are deceased, to your siblings.
- For personal property, if you have children or other descendants, your spouse inherits one-half outright, with the remainder passing to your children.
- For personal property, if you have no children or other descendants, your spouse inherits $50,000 plus one-half of the balance.
- Your spouse also has the right to petition the probate court to inherit up to $150,000 of your real estate outright if you have no descendants; otherwise, your spouse is only entitled to a life estate in the real estate, meaning the right to use it but not sell or give it away.
Want to compare your options before or after probate? Compare what is included in a will and a trust.
