- Married with no children
- After all debts and expenses of the estate have been paid, the surviving spouse is entitled to $50,000 plus one half of the remaining estate.
- Married with child or children
- The surviving spouse is entitled to one half of the available personal property in the estate. Assuming that any real estate is owned solely by the decedent, the surviving spouse gets ownership of the property only for the duration of his or her life. After the surviving spouse dies, the real estate passes to the first deceased spouse’s heirs. In the alternative, the probate court may allow the surviving spouse to fully own real estate located in Rhode Island and valued at $75,000 or less or, if the property is worth more than that, allow the administrator of the estate to sell the property and give the surviving spouse $75,000 of the sale proceeds.
- Order of estate distribution if spouse survives
- Any real or personal property not passing to the surviving spouse passes in the following order:
1) Children or their descendants
2) Parents
3) Siblings and their descendants
4) Grandparents
5) Uncles and aunts or their descendants
6) Great grandparents
7) Great uncles and great aunts
8) Decedent’s nearest available lineal ancestors and their descendants. - No spouse survives but there are other relatives
- 1) Children or their descendants
2) Parents
3) Siblings and their descendants
4) Grandparents
5) Uncles and aunts or their descendants
6) Great grandparents
7) Great uncles and great aunts
8) Decedent’s nearest available lineal ancestors and their descendants. - Order of estate distribution if decedent not married, widow or widower
- 1) Children or their descendants
2) Parents
3) Siblings and their descendants
4) Grandparents
5) Uncles and aunts or their descendants
6) Great grandparents
7) Great uncles and great aunts
8) Decedent’s nearest available lineal ancestors and their descendants. - No surviving relatives
- The town council of the Rhode Island town in which any real estate is located may direct the town treasurer to take the property for the use of the town. The remainder of the decedent’s assets go to the state of Rhode Island under the state’s unclaimed property laws.
- State link
- http://www.rilin.state.ri.us/Statutes/TITLE33/33-1/INDEX.HTM
- Other links
- None
- Special notes
- None
