Skip to content
Oakclause

Spousal Elective Share Law in Rhode Island

Rhode Island has no fractional elective share: a surviving spouse gets a life estate in the real estate the decedent owned at death, and a spouse given something in the will must renounce it in writing within 6 months after the fiduciary's qualification is first published.

Last checked . General information, not legal advice.

Rhode Island at a glance

Elective share
Life estate in the decedent's real estate
Real estate conveyed by deed recorded before death is not subject to the life estate. Gifts in the will bar the life estate unless renounced.
Deadline to elect
6 months after fiduciary's qualification is published
Only needed when the will leaves the spouse something: the waiver and claim are filed in the probate court, and recorded where any real estate is located.
Community property state
No
Not on the IRS list of community property states.

Sources

Last checked

The rules in Rhode Island

How much can a surviving spouse claim in Rhode Island if left out of the will?

Elective share in Rhode Island: Life estate in the decedent's real estate. Real estate conveyed by deed recorded before death is not subject to the life estate. Gifts in the will bar the life estate unless renounced.

What is the deadline to claim the elective share in Rhode Island?

Deadline to elect in Rhode Island: 6 months after fiduciary's qualification is published. Only needed when the will leaves the spouse something: the waiver and claim are filed in the probate court, and recorded where any real estate is located.

Is Rhode Island a community property state?

No. Community property state in Rhode Island: no. Not on the IRS list of community property states.

Where do the Rhode Island spousal elective share laws come from?

The rules above come from R.I. Gen. Laws 33-25-2 and R.I. Gen. Laws 33-25-4. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

The election is not automatic. A surviving spouse who wants the elective share usually must file a written election with the probate court, and serve notice on the personal representative, before a deadline. Missing the deadline can mean losing the right to elect.

Taking the elective share often means giving up gifts under the will and sometimes other benefits. Comparing what the will provides against the statutory share, including any trusts, life insurance or joint accounts that may count toward the share, helps show whether an election makes sense.

Spouses can often waive elective share rights in a written prenuptial or postnuptial agreement signed with full disclosure. If a waiver is part of an estate plan, the will, trust and marital agreement should be drafted to work together, and a local attorney can confirm the formal requirements.

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