How Do Rhode Island Intestacy Rules Apply If No Valid Will Is Found?

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance tailored to your situation.

Detailed Answer

When a deceased person in Rhode Island dies without a valid will, their estate passes under the state’s intestate succession laws. Rhode Island’s statutes outline a clear hierarchy of heirs and how they share assets. You must locate and value all probate assets, pay debts and expenses, then distribute the remainder according to R.I. Gen. Laws § 33-1-1 et seq.

1. Surviving Spouse and Children

If the decedent leaves a spouse but no descendants (children, grandchildren), the spouse inherits the entire estate. If the decedent leaves both a spouse and descendants all of whom are also descendants of the spouse, the spouse inherits:

• The first $100,000 of the net estate plus
• One-half of the remaining net estate.

The remaining half goes to the descendants per stirpes. See R.I. Gen. Laws § 33-1-3.

2. Spouse and Non-Common Descendants

If some descendants are not descendants of the surviving spouse (for example, children from a prior marriage), the spouse receives:

• One-half of the net estate.

The other half goes to all descendants per stirpes. (R.I. Gen. Laws § 33-1-3.)

3. No Surviving Spouse but Descendants

The entire estate goes to the decedent’s descendants per stirpes. (R.I. Gen. Laws § 33-1-2(a).)

4. No Spouse or Descendants

If there is no spouse or descendants, the estate passes:

1. To parents equally or entirely to the surviving parent.
2. If no parents, to siblings and their descendants (per stirpes).
3. If none of the above, to grandparents or their descendants.
4. If no grandparents, to the state of Rhode Island. (R.I. Gen. Laws §§ 33-1-2(b)–(e).)

5. Adopted Children and Stepchildren

Rhode Island treats adopted children the same as biological children for intestacy. Stepchildren inherit only if legally adopted. (See R.I. Gen. Laws § 33-1-7.)

Helpful Hints

• Locate all family communications and drafts to be sure no valid will exists.
• Hire a probate attorney to navigate court filings and timelines.
• Obtain a certified copy of the death certificate early.
• Prepare an accurate asset inventory and creditor list.
• Discuss potential disputes with family members before formal distribution.