Detailed Answer

Short answer: As a surviving spouse in Rhode Island when your partner dies without a will (intestate), you have specific legal rights under Rhode Island probate law. Those rights typically include priority to inherit under intestacy rules, the ability to ask the probate court to appoint you as the estate’s administrator, certain allowances and protections (like homestead or family allowances), and the legal standing to stop others from disposing of estate property or making major estate decisions without court approval. If the deceased’s family is cutting you out of decisions, the probate process is the normal route to enforce your rights.

How Rhode Island intestacy and probate generally work

When someone dies intestate in Rhode Island, distribution of their property follows the state intestacy statutes. The probate court oversees the estate, appoints an administrator (someone authorized to act for the estate), and supervises distribution to heirs. As the surviving spouse, you are a primary heir and have a strong claim under these rules.

Rhode Island’s intestacy and administration rules are in the Rhode Island General Laws (Title 33). For an overview of those statutes, see the Rhode Island General Assembly statutes page: Rhode Island General Laws (Title 33), and consult the probate court where the decedent lived: Rhode Island Judiciary.

Key rights and remedies available to a surviving spouse

• Right to inherit under intestacy: As surviving spouse you are entitled to inherit according to Rhode Island intestacy rules. How much you receive depends on whether there are surviving children, whether those children are also children of both spouses, and whether the decedent left surviving parents or siblings. The probate court applies the statutory scheme to divide the estate.
• Right to be appointed administrator: If there is no valid will naming an executor, you can file a petition in the probate court to be appointed administrator (also called personal representative). Once appointed, you will have legal authority to collect assets, pay debts, and distribute the estate under court supervision.
• Control of the estate and protection of assets: If family members are attempting to take control of property, sell assets, or block your access, you can ask the probate court to issue “letters of administration” and to order the family to stop interfering. The court can also enter temporary orders to prevent dissipation of estate assets.
• Funeral and disposition decisions: State law generally gives priority for decisions about funeral arrangements and disposition of remains to certain persons, with the surviving spouse typically having primary right. If relatives are excluding you from decisions about burial or cremation, you can seek court intervention to protect your rights and the decedent’s presumed wishes.
• Family allowance and homestead protection: Rhode Island law provides protections to help a surviving spouse meet basic needs while the estate is being administered, such as a family allowance or homestead allowance. These protections help ensure you are not left without housing or basic support during administration.
• Ability to contest wrongful actions: If family members committed fraud, removed assets, or otherwise acted improperly, you can petition the probate court to void transfers, recover assets, or award damages (subject to proof). You may also have civil claims if theft or conversion occurred.

Practical next steps to assert your rights

1. Obtain several certified copies of the death certificate. The probate court and financial institutions will require certified copies.
2. Contact the local probate court. Ask about filing a petition for administration and what forms and fees are required. The probate clerk can explain local procedures and timelines.
3. File for appointment as administrator (personal representative). If you want control to protect estate assets and make decisions, file a petition promptly. As spouse you will normally have priority for appointment.
4. Ask the court for temporary relief if assets are at risk. If family members are moving property or spending estate funds, ask the court for emergency orders preventing disposal until the court hears the matter.
5. Gather documents and evidence. Collect bank records, titles, bills, correspondence, photos, and any documents that show ownership or transfers. Keep a record of communications with family members.
6. Consider counsel. Probate and estate disputes can be legally complex. An attorney who handles probate and estates in Rhode Island can file petitions, demand discovery, and represent you in hearings.

Examples (hypothetical, to illustrate common outcomes)

Note: These are simplified scenarios for illustration only.

• If the decedent died leaving only you (spouse) and no children or parents, you will generally inherit the estate as the sole heir under Rhode Island intestacy rules.
• If the decedent left you plus children who are also your children, many intestacy schemes give the surviving spouse a large share or the entire estate—court will apply the statute to determine shares.
• If the decedent left you plus children who are not your children (for example, children from a prior relationship), shares may be split between you and those children under the statute; the probate court will calculate shares and supervise distribution.

When the family cuts you out: practical and legal responses

If relatives are excluding you from funeral decisions, denying access to the decedent’s home, or trying to move property, take these steps:

• Document the interference (dates, witnesses, text messages).
• File for letters of administration to gain authority over estate assets.
• Ask the court for an order preventing sale or transfer of assets.
• Seek an emergency hearing if you reasonably believe assets are being lost or destroyed.

Where to look in Rhode Island law

Rhode Island statutes governing probate, administration, intestacy, and related allowances are located in Title 33 of the Rhode Island General Laws. The official Rhode Island General Assembly website is here: https://www.rilegislature.gov/. For information about probate court locations and forms, see the Rhode Island Judiciary: https://www.courts.ri.gov/.

Helpful Hints

• Act quickly: file with probate promptly to get legal authority and protect assets.
• Get multiple certified death certificates early; banks and agencies require them.
• If you’re denied access to property or accounts, ask the probate court for temporary orders.
• Keep careful records of all communications and steps you take—these help in court.
• Ask the probate clerk about fee waivers or reduced costs if you cannot afford filing fees.
• Even if family members say there is no will, always check the decedent’s home and files carefully for a possible will; a hidden will can change the process.
• Consult an attorney experienced in Rhode Island probate when the estate is large, contested, or when relatives are acting aggressively. Many attorneys offer initial consultations.