Disclaimer: This article provides general legal information and does not constitute legal advice.
Detailed Answer
Under Rhode Island law, a surviving spouse may claim a family allowance from the decedent’s estate to cover living expenses during probate. The probate court grants this allowance under R.I. Gen. Laws § 33-15-1. A certified marriage certificate normally proves the marital relationship. If the certificate is incomplete or missing, the court will require other evidence before approving the allowance.
Rhode Island statutes allow spouses to correct or replace vital records. A surviving spouse can request a delayed or amended marriage certificate from the Department of Health under R.I. Gen. Laws § 23-3-15 (view text). Meanwhile, the probate court can accept affidavits from the officiant or witnesses, joint tax returns, bank statements, insurance policies, and other documents that demonstrate the marital relationship. The court has broad discretion to weigh this evidence.
If the spouse fails to provide sufficient proof, the court may delay or reduce the allowance. Creditors or other heirs may also object if they doubt the marriage’s validity. To avoid delays, spouses should act promptly to secure valid records and gather supporting documentation.
Helpful Hints
- Apply for a delayed marriage certificate right away through the Rhode Island Department of Health.
- Collect multiple forms of evidence—affidavits, joint financial records, correspondence, and insurance documents.
- Keep detailed copies of all submitted documents for court hearings.
- Review local probate court rules on evidence for proving marriage.
- Consider consulting a probate attorney early to navigate objections and procedural requirements.