What Happens if You Die Without a Will in Rhode Island?
If you die without a will in Rhode Island, your assets pass to your closest relatives under the state's intestate succession laws found in Title 33 of the Rhode Island General Laws. Unusually, Rhode Island's rules treat real estate and personal property somewhat differently.
If You are Married with Children
Your spouse's rights depend on the type of property you own.
- For your real estate, your children inherit it, though your spouse has a right to a life estate in it, meaning the right to use it during their lifetime, unless they successfully petition the court for outright ownership.
- For your personal property, your spouse inherits one-half of the balance outright. Your children inherit the remainder, divided equally.
If You are Married Without Children
Your spouse can petition the probate court to inherit up to $150,000 of your real estate outright; otherwise, your spouse holds a life estate in it. Your spouse also inherits $50,000 of your personal property, plus one-half of the balance, with the rest passing to your parents or siblings if you have any.
If You Don't Have a Spouse, but Have Children
Your children inherit your real estate and personal property in equal shares.
If You Don't Have a Spouse or Children
Your assets pass to your parents. If both are deceased, your siblings inherit.
If No Living Relatives Can Be Found
If the court cannot locate any qualifying relative, including nieces, nephews, cousins, or relatives of a predeceased spouse, your property escheats to the State of Rhode Island. This is an uncommon occurrence.
Other Things to Know about Dying Without a Will in Rhode Island
- Heirs generally must survive you by 120 hours to inherit.
- Rhode Island's system for real estate is based on older common law rules rather than the Uniform Probate Code used in many other states.
- Stepchildren generally do not inherit unless they were legally adopted.
- The probate court will appoint an administrator to oversee the estate.
When Does an Estate Go Through Probate Without a Will
If your estate consists entirely of personal property worth $15,000 or less, your family may qualify for a small estate affidavit instead of a full probate proceeding.
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