Detailed Answer
Under Rhode Island law, a surviving spouse may elect to take a statutory elective share instead of the intestate share. Title 33, Chapter 4 of the Rhode Island General Laws abolishes traditional dower and curtsey and creates a spouse’s elective share. As set forth in R.I. Gen. Laws § 33-4-4, you can choose a life estate in a portion of the decedent’s real property plus a pro rata share of personal property rather than receiving your intestate distribution in fee simple.
To exercise this right, you must file a written election in the probate court with jurisdiction over the decedent’s estate within nine months of the decedent’s date of death (see R.I. Gen. Laws § 33-4-6). The size of your life estate depends on whether there are surviving descendants. If the decedent left issue, you are entitled to a life estate in one-third of the real property and one-third of the personal property. If there are no surviving descendants, your life estate extends to one-half of the real property and one-half of the personal property. Once properly filed, the election is irrevocable without court approval.
Example: Alice dies intestate, leaving spouse Bob and one child. Under intestacy (R.I. Gen. Laws § 33-1-13), Bob would take one-half of Alice’s estate outright. Instead, Bob files an election under § 33-4-4 within nine months. He obtains a life estate in one-third of Alice’s home and one-third of her personal property. Bob may live in the home for life; upon his death, the remainder interest passes to Alice’s child.
Key Statutes
- R.I. Gen. Laws § 33-4-4 – Surviving Spouse’s Elective Share
- R.I. Gen. Laws § 33-4-6 – Time and Manner for Election
Helpful Hints
- File your election before the nine-month deadline to preserve your rights.
- Describe the property clearly (address, tax lot, parcel ID).
- Serve notice on all interested parties as required by the probate court.
- Keep certified copies of your election and proof of filing.
- Consider consulting a probate attorney to verify calculations and filing steps.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney about your specific circumstances.