Skip to content

Dying Without a Will

R.I. Gen. Laws § 33-1-10 — a spouse's share of personal property, a life estate in the land, and the rest to children, parents or siblings

Personal property, after debtsSurviving spouseThe rest
Personal property, after debtsWith children or their descendantsSurviving spouseOne halfThe restTo the heirs, as land descends
Personal property, after debtsWith no childrenSurviving spouse$50,000 and one half of the remainderThe restTo the heirs, as land descends
Email

Land works differently. Real estate of a person who dies leaving a spouse passes to the spouse for life. Subject to that, it passes first to the children or their descendants, then to the parents, then to the brothers and sisters and their descendants.

  • R.I. Gen. Laws § 33-1-5
  • R.I. Gen. Laws § 33-1-1

The probate court that grants administration orders the distribution of personal property after debts, funeral charges and the costs of settling the estate are paid.

Property held jointly or with a named beneficiary passes outside these rules. A particular estate is a question for a licensed Rhode Island attorney.

Sources for this section (3)
  1. R.I. Gen. Laws § 33-1-1 — Real estate descending by intestacy to children or descendants, parents, or brothers and sisters
  2. R.I. Gen. Laws § 33-1-5 — Life estate descending to spouse
  3. R.I. Gen. Laws § 33-1-10 — Surplus personalty not bequeathed

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Rhode Island attorney.

From here