Detailed Answer: Intestate Succession in Rhode Island
When someone dies without a will in Rhode Island, state law determines how their property passes to heirs. This process is called intestate succession. Under R.I. Gen. Laws § 33-15-3 (link), if a decedent leaves no surviving spouse but has children, those children inherit the entire estate in equal shares.
To qualify as an heir, a child must survive the decedent by at least 120 hours or meet other criteria under R.I. Gen. Laws § 33-15-1 (link). Rhode Island distributes the estate per capita among surviving children. If a child dies before the decedent but leaves descendants, that branch receives the deceased child’s share per stirpes.
Before heirs receive assets, the probate court appoints an administrator. The administrator gathers assets, pays valid creditor claims, funeral expenses, and court costs. Only after debts and fees are settled does the court order distribution to the children.
Disclaimer: This article does not provide legal advice. It offers general information about Rhode Island intestate succession law.
Helpful Hints
- Intestate succession applies only when no valid will exists.
- The probate court appoints an estate administrator to handle asset collection and debt payment.
- Heirs must survive the decedent by 120 hours under R.I. Gen. Laws § 33-15-1.
- Keep detailed records of all estate assets and liabilities.
- If the estate includes real property or exceeds small estate limits, consider hiring an attorney.