Disclaimer: This article provides general information about Rhode Island intestate succession. It does not constitute legal advice. Always consult a qualified attorney for guidance tailored to your situation.
Detailed Answer
When your father dies without a valid will, Rhode Island law (intestate succession) determines who inherits his estate. You must trace the family tree and apply the distribution rules in R.I. Gen. Laws § 33-1-1 through § 33-1-5. Follow these steps:
1. Confirm Intestacy
Verify that your father left no valid will. If no will exists, the estate is intestate and falls under R.I. Gen. Laws § 33-1-2.
2. Identify Potential Heirs
Rhode Island ranks heirs in this order:
- Surviving spouse
- Descendants (children, grandchildren)
- Parents
- Siblings and their descendants
- Grandparents
- Aunts, uncles, and their descendants
See § 33-1-3 for order of priority.
3. Gather Documentation
Collect birth certificates, death certificates, adoption decrees and marriage licenses. Confirm whether any heir predeceased your father. Adopted children inherit as natural children; foster and stepchildren inherit only if legally adopted.
4. Calculate Each Share
Under § 33-1-4, the surviving spouse’s share depends on the presence of descendants or parents:
- If the decedent leaves a spouse and descendants all of whom are also descendants of the spouse, the spouse gets the entire estate.
- If the decedent leaves a spouse and descendants not all from that spouse, the spouse gets the first $50,000 plus one half of the remaining estate; descendants split the rest.
- If no spouse survives, descendants inherit in equal shares per stirpes.
- If no descendants or spouse, parents and then siblings inherit.
5. File in Probate Court
Submit a petition for administration in the probate court where your father lived. The court will review your list of heirs, approve the distribution plan, and appoint an administrator to carry out the transfer of assets.
Helpful Hints
- Start with a complete family tree to track predeceased relatives and per stirpes distribution.
- Visit the local probate court clerk to review sample forms and filing fees.
- Check adoption and paternity records before excluding anyone.
- Keep original documents in a secure place and provide certified copies to the court.
- Consider hiring an estate attorney if the estate holds real property, retirement accounts, or life insurance proceeds.