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Intestate Succession Laws in Rhode Island

In Rhode Island, a surviving spouse inherits one-half of the deceased's personal property and a life estate in the real estate when there are children. With no children, the spouse takes the first $50,000 of the personal property plus one-half of the balance of it, and a life estate in the real estate. Rhode Island is not a community property state.

Last checked . General information, not legal advice.

Rhode Island at a glance

Spouse share with shared children
1/2 of personal property, life estate in land
The probate court may also award the spouse up to $150,000 of real estate outright on a petition filed within six months.
Spouse takes all with shared children
No
Spouse share with parents, no descendants
First $50,000 plus 1/2 of other personalty, life estate in land
The court may also award the spouse up to $150,000 of real estate outright on a petition filed within six months; the rest passes to the parents.
Community property state
No
Not listed by the IRS among the community property states.

Sources

Last checked

The rules in Rhode Island

How much does a surviving spouse inherit in Rhode Island when the deceased leaves children who are also the spouse's children?

Spouse share with shared children in Rhode Island: 1/2 of personal property, life estate in land. The probate court may also award the spouse up to $150,000 of real estate outright on a petition filed within six months.

Does a surviving spouse in Rhode Island inherit the entire intestate estate when all of the deceased's children are also the spouse's children and the spouse has no other descendants?

No. Spouse takes all with shared children in Rhode Island: no.

How much does a surviving spouse inherit in Rhode Island when the deceased leaves no descendants but at least one parent is alive?

Spouse share with parents, no descendants in Rhode Island: First $50,000 plus 1/2 of other personalty, life estate in land. The court may also award the spouse up to $150,000 of real estate outright on a petition filed within six months; the rest passes to the parents.

Is Rhode Island a community property state?

No. Community property state in Rhode Island: no. Not listed by the IRS among the community property states.

Where do the Rhode Island intestate succession laws come from?

The rules above come from R.I. Gen. Laws 33-1-10, R.I. Gen. Laws 33-1-5, R.I. Gen. Laws 33-1-6 and R.I. Gen. Laws 33-1-1. Each source is linked on this page. We last checked them in October 2026.

Good to know

Rhode Island treats personal property and real estate differently: the spouse's real estate share is a life estate, and ownership of the land passes to children or, if none, to parents (R.I. Gen. Laws 33-1-1).

What this means in practice

Intestate succession rules apply only to probate property. Assets with a named beneficiary or a survivorship feature, such as life insurance, retirement accounts, payable-on-death accounts, jointly owned property with a right of survivorship and transfer-on-death deeds, usually pass outside these rules.

Family situations change the result. Children from a prior relationship, adopted children, a pending divorce or a legal separation can all affect who inherits and in what shares, so check how the statute treats each of these before relying on a simple summary.

Real estate is generally governed by the law of the state where it is located, while other property usually follows the law of the state where the person lived. A person who owns land in more than one state may have more than one set of rules apply to the estate.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.