Intestate Succession in Rhode Island

State-specific overview · Estate & Probate

Quick summary

Rhode Island awards the surviving spouse the entire estate if no children exist; with children, the spouse receives one-half.

How Rhode Island treats Intestate Succession

Rhode Island follows a traditional common law intestate succession model. A surviving spouse with no children inherits the whole estate. When children survive, the spouse receives one-half and the children split the other half equally. If no spouse survives, children inherit equally, and the right of representation applies so grandchildren can step into a deceased parent's share.

The general definition of Intestate Succession

The legal process of distributing a deceased person's property when they leave no valid will.

If someone dies without a will (or with an invalid will), state law determines who inherits their property. Each state has a set order of priority—usually spouse first, then children, then parents, then siblings. The court appoints an administrator to manage the estate and follow these statutory rules, even if the deceased person's wishes were different.

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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.