Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
What Is Intestate Succession?
Intestate succession refers to the distribution of a decedent’s estate when they die without a valid will. In Rhode Island, Title 33 of the Rhode Island General Laws governs this process. The probate court oversees asset collection, debt payment, and property distribution under these rules.
Who Inherits When There Is No Spouse and Two Children?
When a decedent dies in Rhode Island with no surviving spouse but with two surviving children, the estate passes equally to the children. Under R.I. Gen. Laws § 33-3-3, each child receives an equal share of the probate estate. For example, if the estate’s net value is $200,000, each child would inherit $100,000.
Link to statute: R.I. Gen. Laws § 33-3-3
Probate Process Overview
- File a Petition: A close relative or beneficiary petitions the probate court to open an estate.
- Appoint an Administrator: The court appoints an administrator (often a child in this scenario) to manage the estate.
- Inventory and Appraise Assets: The administrator compiles a list of assets, liabilities, and creditors.
- Pay Debts and Expenses: Creditors and administrative costs are paid from estate assets.
- Distribute Remaining Assets: After debts, the administrator distributes assets equally to the two children.
If the estate’s total value does not exceed the small-estate threshold, Rhode Island allows a simplified procedure via a small-estate affidavit under R.I. Gen. Laws § 33-11-1.
Link to statute: R.I. Gen. Laws § 33-11-1
Helpful Hints
- Gather key documents: death certificate, bank statements, real estate deeds.
- Obtain certified copies of the death certificate early to handle accounts.
- Review whether the estate qualifies for the small-estate affidavit to simplify probate.
- Ensure any minor beneficiaries have a designated guardian or trustee for their inheritance.
- Keep clear records of all financial transactions made by the estate administrator.
- Consult a Rhode Island probate attorney for guidance through court procedures.