If you die without a will in Rhode Island, your assets will go to your closest relatives under state “intestate succession” laws. Here are some details about how intestate succession works in Rhode Island.
Which Assets Pass by Intestate Succession
Only assets that would have passed through your will are affected by intestate succession laws. Usually, that includes only assets that you own alone, in your own name.
Many valuable assets don’t go through your will, and aren’t affected by intestate succession laws. Here are some examples:
- property you’ve transferred to a living trust
- life insurance proceeds
- funds in an IRA, 401(k), or other retirement account
- securities held in a transfer-on-death account
- payable-on-death bank accounts, or
- property you own with someone else in joint tenancy or tenancy by the entirety.
These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will.
Who Gets What in Rhode Island?
Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here’s a quick overview:
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The Spouse’s Share in Rhode Island
In Rhode Island, if you are married and you die without a will, what your spouse gets depends on whether or not you have living descendants -- children, grandchildren, or great grandchildren.
If you die without children or other descendants. Your spouse can petition the probate court to inherit up to $75,000 of your intestate real estate outright; otherwise, he or she is entitled to only a life estate -- that is, the right to use the real estate for life but not to sell it or give it away. Your spouse also inherits $50,000 worth of your personal property, plus 1/2 of the balance.
If you die with children or other descendants. Your spouse has the right to use your intestate real estate for life and inherits 1/2 of your intestate personal property outright
Example: Gerry is married to Joe, and the couple has two children. Gerry owns a house in joint tenancy with Joe, and Joe is also the named beneficiary of Gerry’s retirement account. When Gerry dies, Joe automatically inherits the house and any remaining retirement funds; those things are not intestate property. Gerry also has $200,000 worth of additional property that would have passed under a will, if she had made one. Joe inherits $100,000 worth of that property. The two children inherit $50,000 each.
Children’s Shares in Rhode Island
If you die without a will in Rhode Island, your children will receive an “intestate share” of your property. The size of each child’s share depends on how many children you have and whether or not you are married. (See the table above.)
For children to inherit from you under the laws of intestacy, the state of Rhode Island must consider them your children, legally. For many families, this is not a confusing issue. But it’s not always clear. Here are some things to keep in mind.
- Adopted children. Children you legally adopted will receive an intestate share, just as your biological children do. (Rhode Island General Laws § 15-7-16.)
- Foster children and stepchildren. Foster children and stepchildren you never legally adopted will not automatically receive a share.
- Children placed for adoption. In Rhode Island, children you placed for adoption and who were legally adopted by another family are entitled to an intestate share of your estate. (Rhode Island General Laws § 15-7-17.)
- Posthumous children. Children conceived by you but not born before your death will receive a share.
- Children born outside of marriage. If you were not married to your children’s mother when she gave birth to them, they will receive a share of your estate if you acknowledged your paternity or if your paternity was otherwise established under Rhode Island law.
- Grandchildren. Your grandchildren will receive a share only if their parent (your child) has died before you do.
This can be a tricky area of the law, so if you have questions about your relationship to your parent or child, get help from an experienced attorney.
Will the State Get Your Property?
If you die without a will and don’t have any family, your property will “escheat” into the state’s coffers. However, this very rarely happens because the laws are designed to get your property to anyone who was even remotely related to you. For example, your property won’t go to the state if you leave a spouse, children, siblings, parents, grandparents, aunts or uncles, great uncles or aunts, nieces or nephews, cousins of any degree, or the children, parents, or siblings of a spouse who dies before you do. (See Rhode Island General Laws, Chapter 33-1-3.)
Other Rhode Island Intestate Succession Rules
Here are a few other things to know about Rhode Island’s intestacy laws.
- Half-relatives. “Half” relatives inherit as if they were “whole.” That is, your sister with whom you share a father, but not a mother, has the same right to your property as she would if you had both parents in common.
- Posthumous relatives. Relatives conceived before -- but born after -- you die inherit as if they had been born while you were alive.
- Immigration status. Relatives entitled to an intestate share of your property will inherit whether or not they are citizens or legally in the United States.
- Slayer rule. Someone who “willfully and unlawfully” kills you or procures your death will not receive a share of your estate. (Rhode Island General Laws, Chapter 33-1.1.)
To learn more about intestate succession, read How an Estate Is Settled When There is No Will.
You can find Rhode Island’s intestate succession laws here: Rhode Island General Laws §§ 33-1-1 to 33-1-11.
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