What Happens If You Die Without a Will in Rhode Island?

The surviving spouse's share in Rhode Island depends on family structure.R.I. Gen. Laws § 33-1-5Verified Sep 10, 2026 With no children: Life estate in real property, plus the first $50,000 of personal property and 1/2 of the rest. The spouse may also petition the probate 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 take the other 1/2 of personal property and the remainder interest in the real property. The spouse may also petition the probate court for up to $150,000 of real estate in fee. When children from a prior relationship survive: Life estate in real property, plus 1/2 of personal property. Children take the other 1/2 of personal property and the remainder interest in the real property. The spouse may also petition the probate court for up to $150,000 of real estate in fee.

Rhode Island uses the "per stirpes" distribution method.R.I. Gen. Laws §§ 33-1-1, 33-1-7, 33-1-10Verified Sep 10, 2026 Under this method, the estate is divided into equal branches at the children's generation, and a deceased child's share passes to that child's own descendants.

Rhode Island requires an heir to survive the decedent by 120 hours to inherit.R.I. Gen. Laws § 33-1-13Verified Sep 10, 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. In most states this requirement does not apply where it would cause the estate to pass to the state.

Under Rhode Island intestacy law, stepchildren and unmarried partners generally do not inherit unless legally adopted or specifically recognized by statute.R.I. Gen. Laws § 33-1-5Verified Sep 10, 2026 In Rhode Island, however, Parties to an existing Rhode Island civil union (no new civil unions are formed) inherit with the same rights as a surviving spouse (R.I. Gen. Laws §§ 15-3.1-6, 15-3.1-7). A stepchild can inherit in Rhode Island through the tier just ahead of escheat: if no kindred survive on either the paternal or the maternal moiety, the whole estate goes to the surviving spouse, or, if the spouse did not survive, to the spouse's kindred — which reaches a stepchild who is a descendant of that spouse — in the like course as if the spouse had survived and then died entitled to the estate (R.I. Gen. Laws § 33-1-3). Outside these situations, a will or trust is how stepchildren or unmarried partners are provided for. 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. For larger estates, fees include court costs, attorney fees, and executor compensation. Use the Rhode Island probate cost calculator for a detailed estimate.