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 debts | Surviving spouse | The rest |
|---|---|---|
| Personal property, after debtsWith children or their descendants | Surviving spouseOne half | The restTo the heirs, as land descends |
| Personal property, after debtsWith no children | Surviving spouse$50,000 and one half of the remainder | The restTo the heirs, as land descends |
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.
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)
- R.I. Gen. Laws § 33-1-1 — Real estate descending by intestacy to children or descendants, parents, or brothers and sisters
- R.I. Gen. Laws § 33-1-5 — Life estate descending to spouse
- 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.