Detailed Answer

Under Rhode Island law, a married person remains a legal spouse until a final divorce judgment or a final legal separation that legally terminates the marital status. If a husband dies before his divorce is finalized, his estranged wife is still his legal spouse at the moment of death. That status matters for estate and probate claims.

Here are the practical effects to expect:

• Intestate succession and spouse’s statutory share: If the decedent died without a valid will (intestate), the surviving legal spouse generally has a priority right to inherit under Rhode Island’s probate and intestacy provisions. See Rhode Island General Laws, Title 33 (Wills, Trusts, and Administration) for the governing framework: R.I. Gen. Laws, Title 33.
• Wills that favor a spouse: Because the couple remained married when the person died, any will or testamentary document that names the spouse as beneficiary will normally remain effective. In many jurisdictions a final divorce revokes testamentary gifts to an ex-spouse; because the divorce here was not final, that automatic revocation would not apply. (Confirm the rules that apply to wills in Rhode Island under Title 33.)
• Beneficiary designations (life insurance, retirement plans, payable-on-death accounts): These designations operate outside of a will. If the deceased had named the estranged spouse as beneficiary, the spouse will usually receive those proceeds unless the decedent changed the designation before death. Divorce that is not final ordinarily does not change beneficiary designations automatically.
• Spousal allowances and family allowances in probate: Rhode Island probate law provides certain protections for a surviving spouse (for example, homestead or family allowances in many states). Because the surviving person was still legally a spouse, they may qualify for these allowances during probate under Title 33.
• Agreements that may alter rights: If the couple signed a valid separation agreement, settlement, or prenuptial/postnuptial agreement that expressly waived estate or inheritance rights, that agreement may limit what the surviving spouse can claim. Whether the agreement controls depends on its terms and whether a court treats it as enforceable.
• Creditors, estate debts, and claims by others: The surviving spouse’s status may also affect how the estate pays debts and how other heirs share the remaining assets. Executors must follow probate procedures and the law when settling the estate.

Because probate and estate rights can be time-sensitive and depend on specific documents (will, beneficiary forms, separation agreements), anyone involved should act promptly to determine whether a will exists, locate beneficiary designations, and file the necessary probate paperwork.

How this usually plays out—short examples

Example A — No will: A husband dies while separated but before divorce is final. He left no will. Under Rhode Island intestacy rules, his surviving wife is still the legal spouse and will be entitled to her statutory share of the estate under Title 33.

Example B — Will favors spouse: A husband has a will leaving his estate to his wife. Because the divorce was not final, the will’s gift to the wife remains valid unless the will was changed before death.

Example C — Life insurance & retirement plan: The husband named his wife as beneficiary on his retirement plan and life insurance. Beneficiary designations typically control; the wife will usually receive those proceeds despite being estranged, unless the decedent changed the beneficiary.

Helpful Hints

1. Locate key documents immediately: look for the decedent’s will, beneficiary forms (life insurance, IRA, 401(k)), prenuptial/postnuptial agreements, and any signed separation or settlement agreements.
2. Contact the probate court: open or locate the probate file in the county where the decedent lived. Rhode Island probate and probate forms and court information are available from the Rhode Island Judiciary: Rhode Island Judiciary — Probate Court.
3. Do not assume most assets pass through a will: beneficiary-designated assets and jointly held property can pass outside probate by operation of contract or survivorship.
4. If you are the appointed executor/administrator: do not distribute estate assets until you confirm all beneficiaries, debts, and any statutory allowances for a surviving spouse.
5. If you are the estranged spouse seeking your rights: act quickly. Ask the probate clerk about filing deadlines and whether you should assert a spousal or family allowance or an elective claim.
6. Gather evidence about any written agreements (separation agreements, waivers, divorce filings). A signed, enforceable waiver may limit an estranged spouse’s estate claims even if no final divorce entered.
7. Consult a Rhode Island probate or estate attorney early: timelines, formal notice requirements, and local practice matter. An attorney can help file claims, challenge beneficiary designations (if appropriate), and protect rights.