- Intestate Share
- Support Allowance
- Elective Share
- Life Estate
Surviving Spouse Rights In Rhode Island When There Is No Will
- No surviving descendants: If a decedent dies with a surviving spouse, but no surviving children, the surviving spouse can petition to receive up to $150,000 of the decedent’s intestate real property in lieu of the life estate (the right to use the real property for life but not to sell it). The surviving spouse also receives up to $50,000 of personal property, and 1/2 of the balance. The balance goes to the decedent’s parents or siblings.
- Surviving Descendants: If the decedent had surviving descendants, the surviving spouse has the right to 1/2 of decedent’s personal property, and a life estate in the decedent’s real property.
Surviving Spouse’s Right To An Elective Share
Surviving Spouse Allowances And Exemptions
A surviving spouse in Rhode Island also has the right to certain allowances and exemptions. These rights include exempt property, and a support allowance. The period for the support allowance is not to exceed six months from the date of decedent’s death, but can be extended in the court’s discretion.