Elective Share in Rhode Island
State-specific overview · Estate & Probate
A surviving spouse may elect to take one-third of the estate, or one-half if no children survive.
How Rhode Island treats Elective Share
Rhode Island provides a surviving spouse with an elective share of one-third of the estate if the deceased left lineal descendants, or one-half if no descendants survive. The spouse must make this election within a set period after the death, commonly nine months. This right exists independently of the will and protects the surviving spouse's inheritance rights. Rhode Island's rules are consistent with traditional common-law elective share principles.
The general definition of Elective Share
A surviving spouse's right to claim a portion of the deceased spouse's estate despite the will.
In most states, a surviving spouse cannot be completely cut out of a will. Even if the deceased spouse's will leaves everything to someone else, the surviving spouse has the right to claim a percentage of the estate (often one-third to one-half). This protects spouses from being disinherited and ensures they have financial security after their partner's death.
Read the full Elective Share entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Rhode Island.