What the rule says
Rhode Island's intestacy framework retains common-law life-estate concepts in modified form. The framework is codified across several Rhode Island statutes:
Real property distribution (R.I. Gen. Laws § 33-1-5)
- Spouse and any descendants survive: The spouse takes a life estate in the real property. Descendants take the remainder interest. - Spouse but no descendants: The spouse takes a life estate in the real property, with the remainder to the decedent's other heirs. With no other heirs, the spouse may take fee simple.
Personal property distribution (R.I. Gen. Laws § 33-1-6)
- Spouse and any descendants survive: The spouse takes one-half of the personal property; descendants take the other half. - Spouse but no descendants: The spouse takes the first $50,000 plus one-half of the balance. Other heirs take the rest.
Allowance from real property
Rhode Island provides specific allowances from real property under R.I. Gen. Laws § 33-1-6 — additional protections beyond the basic life-estate / personal property formula.
What this means in practice
Rhode Island's framework treats real and personal property differently:
- RI resident dies without a will, leaving spouse and three mutual children. Estate: $200,000 personal + $300,000 real. Spouse takes $100,000 personal (1/2) + life estate in $300,000 real. Children take $100,000 personal + remainder interest in real property.
What you can do about it
- RI will requirements (R.I. Gen. Laws § 33-5-5). A will must be in writing, signed by the testator, and signed by two competent witnesses. - RI does not generally recognize holographic wills. - Self-proving affidavits are recognized. - Beneficiary designations override intestacy. - Spousal election. Under R.I. Gen. Laws § 33-25-2, surviving spouse can elect against the will.
Who this affects most
RI's life-estate intestacy framework is most consequential for married RI residents with significant real property. The life estate gives lifetime use but no fee-simple interest in real property.