The Spouse's Share
R.I. Gen. Laws § 33-28-1 — the same share as without a will, claimed within six months of the executor's first publication
The surviving spouse of a person who died domiciled in Rhode Island may elect to take a share equal to what the spouse would have had with no will: the life estate and allowance in the real estate, and the spouse's share of the personal estate.
Six months. A gift to the spouse in the will bars the elective share unless, within six months after the first publication of the executor's qualification, the spouse files a written waiver of it and a petition for the elective share in probate court.
Within those six months, the spouse may ask for more time, but not beyond nine months after the death. The family allowances come on top of the elective share.
A particular estate is a question for a licensed Rhode Island attorney.
Sources for this section (2)
- R.I. Gen. Laws § 33-28-1 — Elective share
- R.I. Gen. Laws § 33-28-4 — Proceeding for elective share; Time limit
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.