Most people intend to make a will. They simply never get around to it.
Some assume they don't have enough assets yet. Others believe everything automatically goes to their spouse. Many think they'll address estate planning later.
But if someone dies without a will in Rhode Island, the law steps in and decides who inherits.
When a person dies without a valid will, their estate passes under Rhode Island's intestacy laws. These laws create a fixed formula for distributing property. The problem is straightforward: the law was written for a theoretical family—not yours.
What Does It Mean to Die Intestate?
Intestate simply means dying without a legally valid will.
This can happen when:
- No will was ever created
- A will was improperly signed or witnessed
- A will is successfully challenged in court
- The document fails to meet Rhode Island's legal requirements
If a will is invalid, Rhode Island probate law treats the situation as though no will existed at all.
Which Assets Pass Under Intestacy Law?
Intestacy only controls probate assets. Many valuable assets pass outside probate regardless of whether a will exists.
Assets that typically pass outside of probate include:
- Life insurance with named beneficiaries
- Retirement accounts (IRA, 401(k))
- Jointly owned real estate
- Payable-on-death bank accounts
- Transfer-on-death investment accounts
- Assets held in a trust
However, if beneficiary designations are outdated or missing, those assets may fall into the probate estate and become subject to intestacy rules.
This is one of the most common estate planning problems attorneys encounter.
Rhode Island Intestacy Rules: Who Inherits Your Estate?
Rhode Island intestacy law is found primarily in R.I. Gen. Laws §§ 33-1-1 through 33-1-11. The law treats real estate and personal property differently, which often surprises families.
If You Are Married With Children
Many people assume a spouse inherits everything. In Rhode Island, that is usually not true.
Under the intestacy formula:
- The surviving spouse receives a life estate in real estate (the right to use it for life, but not to sell or transfer it) and one-half of personal property.
- The children receive the remaining one-half of personal property and ownership of the real estate after the spouse's death.
Practical Example
Suppose you die leaving a home, $200,000 in savings, a spouse, and two children. Your spouse may live in the home for life but cannot fully control it. Your spouse receives $100,000. Your two children split $100,000 and later inherit the home outright. This often creates serious financial planning problems for the surviving spouse—particularly if they need to sell the home for care expenses.
If You Are Married With No Children
If there are no descendants, the surviving spouse generally receives:
- A life estate in real estate
- The right to petition the probate court for up to $150,000 of real estate outright
- $50,000 of personal property, plus one-half of the remaining balance
The remainder may pass to parents or siblings—not to the surviving spouse.
If You Have Children But No Spouse
Children inherit the entire estate equally. If a child has already died but left children of their own, those grandchildren inherit their parent's share.
If You Have No Spouse and No Children
The estate passes in this order under Rhode Island law:
- Parents
- Siblings (and their descendants)
- Grandparents and extended relatives
- The State of Rhode Island (if no heirs exist at all — see R.I. Gen. Laws § 33-21-1)
Rhode Island searches very broadly for relatives before property escheats to the state. But close friends, longtime partners, and charities receive nothing.
Who Rhode Island Intestacy Law Does Not Protect
Intestacy law only recognizes legal family relationships. Without a will, the following typically receive nothing:
- Unmarried partners — even after decades of cohabitation
- Stepchildren who were not legally adopted
- Close friends or long-trusted companions
- Caregivers who provided years of support
- Charities the deceased cared deeply about
Under Rhode Island intestacy law, an unmarried partner of 30 years may receive nothing while a distant and estranged relative inherits the estate.
Who Administers the Estate If There Is No Will?
Without a will, the probate court appoints an administrator rather than an executor. Priority for appointment typically goes to the surviving spouse, then to next of kin.
If family members dispute who should serve, the administration process becomes more expensive and time-consuming for everyone involved. A will eliminates this uncertainty by naming an executor in advance.
How Long Does Rhode Island Probate Take?
Most estates require probate whether a will exists or not. Intestate estates often take longer because of family disputes and the absence of clear instructions.
Key timing factors include:
- A minimum creditor claim period of approximately six months
- Asset collection and appraisal
- Tax return preparation and filing
- Court scheduling and approval
Estate costs—including court filing fees, administrator fees, attorney fees, and accounting costs—are paid from the estate before distribution to heirs.
Note: Rhode Island's small estate procedure (affidavit in lieu of administration) is only available for estates with less than $15,000 in personal property and no real estate. It does not apply to most families.
Rhode Island Estate Tax: What You Need to Know
Rhode Island is one of only a dozen or so states that imposes a state-level estate tax. Key figures for 2026, according to the Rhode Island Division of Taxation:
- 2026 Rhode Island estate tax threshold: $1,838,056
- State tax rates: 7.2% to 16% on amounts above the threshold
- Federal estate tax threshold (2026): $15,000,000 per person
- Rhode Island inheritance tax: None — heirs do not pay tax on what they receive
For most Rhode Island families, the state estate tax will not apply. However, when you factor in real estate values, retirement accounts, life insurance, and other assets, estates can exceed the threshold more easily than expected. For married couples in particular, estate planning can preserve significant tax advantages that intestacy cannot.
The 120-Hour Survivorship Rule
Rhode Island requires an heir to survive the deceased person by at least 120 hours (five days) to inherit under intestacy. See R.I. Gen. Laws § 33-1-13.
If not, the heir is treated as having predeceased the decedent. This matters most in simultaneous accident situations. A properly drafted will can address these scenarios with a specific survivorship clause.
Can a Will Be Challenged After Death?
Yes. Common grounds for challenging a will in Rhode Island include:
- Lack of testamentary capacity
- Undue influence
- Failure to follow signing and witnessing requirements
- Fraud or forgery
If a will is invalidated, the estate falls into intestacy. Proper drafting and execution — ideally with an attorney — significantly reduces this risk.
How to Avoid These Problems: A Basic Rhode Island Estate Plan
Even a simple estate plan produces better results than intestacy. A typical Rhode Island plan includes:
Core documents:
- Last Will and Testament — names your beneficiaries, executor, and guardian for minor children
- Durable Power of Attorney — names someone to manage finances if you become incapacitated
- Healthcare Proxy — names someone to make medical decisions if you cannot
- Living Will (Advance Directive) — documents your end-of-life medical wishes
Supporting planning:
- Review and update all beneficiary designations
- Consider a revocable living trust if probate avoidance is a priority
Assets held in a trust pass entirely outside of probate — no court involvement, no six-month waiting period, and greater privacy for your family.
The Bottom Line
If you die without a will in Rhode Island:
- Your spouse may not inherit everything
- Your unmarried partner may inherit nothing
- Stepchildren may be left out entirely
- Probate will take longer and cost more
- The law—not you—decides who inherits
A will does not have to be complicated. But it does have to exist.
Estate planning is not just about assets. It is about protecting the people you care about and preventing unnecessary complications at an already difficult time.
Frequently Asked Questions
Does everything automatically go to my spouse if I die without a will in Rhode Island?
No. Rhode Island intestacy law typically gives the spouse a life estate in real estate and only part of the personal property. Children or other heirs may receive the remainder.
Can my unmarried partner inherit if I die without a will?
No. Rhode Island intestacy law does not recognize unmarried partners. Only legal relatives inherit unless estate planning documents say otherwise.
Do stepchildren inherit if there is no will?
Generally no, unless the stepchild was legally adopted. A will is the only way to include them.
How long does Rhode Island probate take?
Most estates take at least six months due to the creditor claim period, and complex or contested estates can take considerably longer.
Do I need a lawyer to make a will in Rhode Island?
Rhode Island law does not require an attorney, but proper drafting and execution significantly reduces the risk of a will being challenged or invalidated.
What is the easiest way to avoid intestacy?
Creating a properly executed will and reviewing all beneficiary designations is usually the simplest and most effective solution.
About the Author
Alfred R. Rego Jr.
Rego & Rego Attorneys at Law — Bristol, Rhode Island
Providing legal guidance in estate planning, probate administration, real estate, and municipal law.
Educational Disclaimer: This article is provided for general educational purposes only and does not constitute legal advice. Estate planning results depend on individual circumstances and current Rhode Island law. Consult qualified Rhode Island counsel regarding your specific situation.
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.