What Happens If You Die Without a Will in Rhode Island?
Use our free intestacy calculator to see exactly who inherits your estate and how much they get under your state’s intestate succession laws.
Frequently Asked Questions
Rhode Island intestacy laws determine who inherits when there is no will.R.I. Gen. Laws § 33-1-6Verified Jul 15, 2026 Rhode Island follows separate property rules. The surviving spouse's share depends on whether children survive and their relationship to the spouse. The order of priority is: surviving spouse, children, parents, siblings, then more distant relatives.
The surviving spouse's share in Rhode Island depends on family structure.R.I. Gen. Laws § 33-1-6Verified Jul 15, 2026 With no children: Life estate in real property, plus first $50,000 of personal property plus 1/2 of the rest. May petition court for up to $150,000 of real estate in fee.. With shared children: Life estate in real property, plus 1/2 of personal property. Children share the other 1/2 of personal property.. When children from a prior relationship survive: Life estate in real property, plus 1/2 of personal property. Children share the other 1/2 of personal property..
Rhode Island uses the "per stirpes" distribution method.R.I. Gen. Laws §§ 33-1-1, 33-1-7, 33-1-10Verified Jul 15, 2026 Under this method, each branch of the family receives an equal share, and a deceased child's portion passes to their own descendants. Per stirpes
Rhode Island requires an heir to survive the decedent by 120 hours to inherit.R.I. Gen. Laws § 33-1-6Verified Jul 15, 2026 If an heir dies within this period, they are treated as having predeceased the decedent, and their share passes to the next eligible heirs.
Under Rhode Island intestacy law, stepchildren and unmarried partners do not inherit unless legally adopted or otherwise recognized by statute.R.I. Gen. Laws § 33-1-6Verified Jul 15, 2026 Only legally recognized spouses and blood or adopted relatives are included in the intestate succession order. A will or trust is the only way to provide for stepchildren or unmarried partners. The Rhode Island will signing requirements page outlines what is needed to execute a valid will.
Probate costs in Rhode Island depend on estate size and complexity. Estates valued at $15,000 or less may qualify for a simplified procedure that avoids formal probate. For larger estates, fees include court costs, attorney fees, and executor compensation. Use the Rhode Island probate cost calculator for a detailed estimate.
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