Rhode Island Probate and Intestate Succession: What Happens Without a Will (2026)

Rhode Island has no single statewide probate court. Every city and town runs its own local Probate Court, and under R.I. Gen. Laws § 8-9-9 each of those courts has general probate jurisdiction in the town or city in which it is established, so an estate is probated where the decedent lived, not through a county or state-level system. Rhode Island also levies its own state estate tax.

Information last verified on 2026-07-16. This article has not yet been reviewed by a licensed lawyer.

How Probate Works in Rhode Island

Rhode Island is unusual among states because it has no centralized probate court at all. Every city and town, not the county, since Rhode Island's counties have no governmental function, operates its own Probate Court, and under R.I. Gen. Laws § 8-9-9 each of those courts has general probate jurisdiction in the town or city in which it is established. In most municipalities, the elected town or city clerk serves as clerk of the Probate Court, and the town council or a locally appointed probate judge presides. An estate is filed in the Probate Court of the city or town where the decedent resided at death, so the specific procedure, forms, and office hours can vary somewhat from one municipality to the next even though the underlying law, Title 33 of the Rhode Island General Laws, is the same statewide.

Rhode Island has not adopted the Uniform Probate Code, so it does not use the formal-versus-informal terminology common in UPC states. Instead, most estates go through regular estate administration: the local Probate Court appoints an executor (if there is a will) or an administrator (if there is not), the personal representative files an inventory, the court oversees payment of debts, and the court approves a final account before assets are distributed. For qualifying small estates, Rhode Island offers a separate, much lighter process called voluntary administration under Title 33, Chapter 33-24, described in detail below. An ordinary, uncontested regular administration in Rhode Island commonly takes several months to about a year to close; a voluntary administration for a qualifying small estate can often resolve in a matter of weeks once the mandatory 30-day post-death waiting period passes.

Intestate Succession in Rhode Island: Who Inherits Without a Will

Rhode Island's intestate succession statute, R.I. Gen. Laws §§ 33-1-1 through 33-1-10, is genuinely distinctive because it governs real property (land and buildings) and personal property (money, vehicles, and other movable assets) under separate provisions, so the answer to "who inherits" can depend on the type of asset.

For personal property, if the decedent leaves no surviving issue (children or their descendants), the surviving spouse receives the first $50,000 of the surplus personal property plus one-half of whatever remains, with the balance passing to the decedent's next of kin under the statutory order (§ 33-1-10). If the decedent does leave surviving issue, the surviving spouse receives one-half of the surplus personal property, and the other half passes to the issue per stirpes, meaning by representation through each branch of the family.

For real property, if the decedent leaves no spouse, the property descends first to children or their descendants; if none survive, to the decedent's parents equally or the surviving parent; if none survive, to siblings and, by representation, their descendants (§ 33-1-1). If the decedent leaves a surviving spouse, Rhode Island's distinctive dower-and-curtesy-derived rule gives the surviving spouse a life estate in the real property under section 33-1-5, not outright ownership, whether or not the decedent also left surviving issue, with the remainder passing to kindred under the statutory order once that life estate ends. On top of the life estate, section 33-1-6 lets the Probate Court, on a petition filed within six months of the administrator's qualification, additionally set off to the surviving spouse up to $150,000 of real estate outright, in fee rather than merely for life, if that amount is not needed to pay the decedent's debts. If there is no kindred on either the paternal or maternal side, the entire estate passes to the surviving spouse, or, if the spouse predeceased the decedent, to the spouse's own kindred (§ 33-1-3). Rhode Island also requires an heir to survive the decedent by 120 hours to inherit under intestacy.

One way to make sure your property goes to the people you actually choose, rather than following Rhode Island's intestate succession order, is to have a valid will in place. recordinglaw.com's free Rhode Island Last Will and Testament Generator can help you create one, with no account required.

Small Estate and Simplified Probate in Rhode Island

Rhode Island's simplified process is called voluntary administration, governed by R.I. Gen. Laws § 33-24-1. It is available when a Rhode Island resident dies leaving an estate made up entirely of personal property (excluding tangible personal property the decedent owned) not exceeding $15,000 in total value, a notably low threshold compared to most other states. Eligible filers include the surviving spouse, a child, grandchild, parent, sibling, niece, nephew, aunt, uncle, or another interested party, as long as the filer is an adult Rhode Island resident. For thresholds, waiting periods and forms, see our guide to the Rhode Island small estate affidavit.

The statement cannot be filed until at least 30 days after the decedent's death. It must be verified by oath and filed with a certified death certificate, a $30 filing fee, and a $5 fee for the certification of appointment. No court hearing is required as a condition of the clerk issuing the certification, though the probate judge retains discretion to require one if a question arises. Because voluntary administration bypasses most of regular estate administration, it can typically be completed in a matter of weeks rather than the months a full administration can take.

Does Rhode Island Have an Estate or Inheritance Tax?

Rhode Island has no inheritance tax. It does, however, levy its own state estate tax, administered by the Rhode Island Division of Taxation, that is entirely separate from the federal estate tax and applies at a much lower threshold than the federal exemption. For decedents dying on or after January 1, 2026, the Division of Taxation's official credit amount is $87,940, which exempts the first $1,838,056 of a net taxable estate from Rhode Island estate tax, confirmed in the Division's advisory ADV 2025-27, dated December 30, 2025.

This exemption figure is not fixed permanently. The credit amount adjusts annually because it is indexed to the CPI-U, the consumer price index for all urban consumers, so the precise dollar threshold changes from year to year. Anyone estimating whether a Rhode Island estate is likely to owe state estate tax should check the Division of Taxation's current-year advisory rather than relying on a prior year's figure, and should keep in mind that this state tax is separate from, and has a far lower threshold than, the federal estate tax's 2026 basic exclusion amount of $15,000,000 per person.

Do You Need a Probate Attorney?

Many voluntary administrations and straightforward regular administrations in Rhode Island proceed without a lawyer, especially when the estate is small and the family agrees on how to proceed. If a will may be contested, the family is blended, estate tax could apply, or a spouse and children inherit real property, get a free case evaluation from a Rhode Island probate lawyer on the administration and any set-off petition within six months (attorney advertising). Because Rhode Island probate is handled locally by each city or town, the specific Probate Court clerk's office where the estate will be filed is often the fastest first stop for procedural questions.

For readers exploring probate law more broadly, Probate by State covers the general process, formal versus informal tracks, and estate and inheritance tax rules across all 50 states.

Disclaimer

This article provides general information about probate and intestate succession law in Rhode Island as of the verification date above. It is not legal advice and does not create an attorney-client relationship. It is not a substitute for advice from a probate attorney licensed in Rhode Island, particularly for a contested estate, a blended family, real property passing alongside a surviving spouse and children, or an estate large enough to raise Rhode Island estate tax questions. Figures, thresholds, and the CPI-indexed exemption amount change and should be verified directly with the Rhode Island Division of Taxation or the relevant municipal Probate Court before relying on any figure here.

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Last updated: 2026-07-16. Figures and statutes cited reflect their in-force version as of 2026-07-16.

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Frequently Asked Questions

Does Rhode Island have a single, statewide probate court?

No. Every city and town in Rhode Island operates its own municipal Probate Court, and under R.I. Gen. Laws § 8-9-9 each court has general probate jurisdiction in the town or city in which it is established. An estate is probated in the city or town where the decedent lived, not in a county or state court.

What is voluntary administration in Rhode Island?

It is Rhode Island's simplified small-estate process under R.I. Gen. Laws § 33-24-1, available when an estate consists entirely of personal property worth $15,000 or less. It requires no full court hearing and cannot be filed until at least 30 days after death.

Does Rhode Island have an inheritance tax?

No. Rhode Island has no inheritance tax, but it does levy its own state estate tax with a much lower exemption than the federal estate tax. For 2026, the exemption covers the first $1,838,056 of a net taxable estate.

Who inherits my house if I die without a will in Rhode Island and I'm married with children?

Your surviving spouse takes a life estate in the house, meaning the right to use it for life rather than outright ownership (R.I. Gen. Laws § 33-1-5), and the remainder passes to your children under the descent order in § 33-1-1. On a petition filed within six months of the first publication of notice of the administrator's qualification, the Probate Court may additionally set off to the spouse up to $150,000 of real estate outright, in fee, if that amount is not needed to pay the decedent's debts (§ 33-1-6). Surplus personal property is divided separately, half to the spouse and half to the children per stirpes (§ 33-1-10).

How long does probate take in Rhode Island?

An ordinary, uncontested regular administration commonly takes several months to about a year. A qualifying voluntary administration for a small estate can often resolve in weeks once the 30-day post-death waiting period passes.

Who can file a small estate affidavit in Rhode Island?

An adult Rhode Island resident who is the surviving spouse, a child, grandchild, parent, sibling, niece, nephew, aunt, uncle, or other interested party may file, provided the estate qualifies under the $15,000 personal-property threshold.

Does having a will avoid probate in Rhode Island?

No. A will still generally needs to go through Rhode Island's local probate process. What a will avoids is intestate succession, ensuring your own wishes, not the state's statutory order, control who inherits.