Detailed Answer
Short answer: When someone dies without a will (intestate) in Rhode Island, the estate generally passes to the decedent’s surviving spouse and/or children according to Rhode Island’s intestacy rules. If there is no surviving spouse, the children inherit the estate. If a child of the decedent died before the decedent, that child’s share typically passes to that child’s own descendants (children of the child) by representation (commonly called per stirpes distribution). For appointment as the estate’s administrator, Rhode Island gives priority to certain relatives (spouse first, then children), and when multiple children are equally entitled they may share appointment or the court will select one to serve.
This article explains how distribution and appointment commonly work under Rhode Island law, gives examples, and points you to the statute source so you can read the law yourself. This is educational information only and is not legal advice (see disclaimer at the end).
How Rhode Island intestacy generally treats children
1) No spouse alive: all surviving children take the intestate estate, generally in equal shares.
2) Spouse and children: Rhode Island’s statutes govern how the estate is divided between spouse and children. In many intestacy systems the spouse receives a statutory share and the remainder is distributed to the children; the exact split depends on the statute and on whether all children are also children of the surviving spouse. Read the statute language carefully for the precise formula under Rhode Island law.
3) A child who died before the decedent: if a child predeceases the decedent but leaves children (the decedent’s grandchildren), those grandchildren commonly inherit the share their parent would have received, dividing that share among themselves (a representation or per stirpes rule). If the predeceased child left no descendants, that child’s line normally does not take.
4) Adopted and nonmarital children: adopted children are treated as biological children for intestacy purposes. The right of a child born out of wedlock to inherit from or through a parent can depend on paternity being established under Rhode Island law.
Appointment of an administrator (who runs the estate) — order of priority
If there is no will naming an executor, the probate court appoints an administrator. Rhode Island gives preference to certain people to serve as administrator. The usual priority order (subject to court discretion and statutory detail) is:
- Surviving spouse
- Adult children
- Parents
- Siblings
- More remote relatives or creditors if no family steps forward
When several children are equally entitled to be appointed (for example, multiple adult children and no spouse), they have equal priority. The court can appoint one child on application, more than one to serve jointly, or in some circumstances appoint a neutral third party or a professional fiduciary if family members are unable or unsuitable.
Practical examples (hypothetical)
Example A — Decedent leaves three surviving children, no spouse: the estate is divided into three equal shares (one share to each child). If one child died earlier and left two children, those two grandchildren would split that deceased child’s one-third share (each gets one-sixth of the estate) under per stirpes representation.
Example B — Decedent leaves a surviving spouse and two children (both children are also children of the spouse): the spouse will receive the statutory share set by Rhode Island law and the two children divide the remainder equally. If a child predeceased the decedent leaving one child, that grandchild would step into the deceased child’s place and inherit that child’s share.
Key statutory source
Rhode Island’s intestacy and administration rules appear in the Rhode Island General Laws governing wills, probate, and administration (Title 33). For authoritative statutory language and exact formulas, consult the Rhode Island General Assembly’s statutes for Title 33 (Wills and Administration): https://webserver.rilin.state.ri.us/Statutes/TITLE33/. Reviewing the exact sections that govern intestate succession and appointment of administrators will show precise dollar or percentage rules, treatment for surviving spouses, adopted children, nonmarital children, and further procedural rules for appointment and bond.
Helpful Hints
- If you are a surviving child who wants to be appointed administrator, contact the probate court in the Rhode Island county where the decedent lived. The court clerk can explain required filings, forms, and any bond or notice requirements.
- If multiple children want to administer but cannot agree, the court will decide who should serve. Consider mediation or family agreement to avoid contested proceedings.
- Collect key documents before filing: death certificate, proof of relationship (birth certificates or adoption records), and an inventory of assets and debts.
- If a child predeceased the decedent, gather documentation showing the lineal descendants (birth certificates for grandchildren) so the court can apply representation rules correctly.
- Be mindful of creditors’ claims and deadlines. The administrator has duties to identify, notify creditors, pay valid claims, and distribute any remainder to heirs under the statute.
- When property is titled jointly (joint tenancy, tenancy by entirety) or has beneficiary designations (life insurance, retirement accounts), those non-probate designations often pass outside intestacy and are not divided by the intestate rules.
- If there is uncertainty about paternity, adoption status, or whether a spouse is surviving, get guidance early — those facts can change who inherits and who may be appointed administrator.
- Simple estates sometimes qualify for simplified small‑estate procedures. Ask the probate clerk if those procedures apply — they can save time and cost.
How to find help: If the estate is complex, contested, or contains significant assets, consider consulting a Rhode Island probate attorney. An attorney can help with filing petitions, representing the estate or heirs, negotiating creditor claims, and ensuring the administrator fulfills fiduciary duties.
Disclaimer: This article is for general informational purposes only and does not provide legal advice. It summarizes commonly applicable principles of Rhode Island intestacy and administration but does not apply to every situation. For legal advice about a specific case, consult a licensed attorney in Rhode Island or contact the probate court.