What Happens If You Die Without a Will in Rhode Island?
No one likes to think about the end of life — but planning ahead is one of the most important things you can do for your loved ones. If you die without a will in Rhode Island, your estate doesn’t automatically pass to the people you care about most. Instead, it is distributed according to the state’s intestate succession laws.
In this blog, we explain what “dying intestate” means, who inherits your assets under Rhode Island law, and why working with an estate planning attorney is the best way to protect your wishes.
What Does “Dying Intestate” Mean?
Dying intestate simply means you died without a valid will. When this happens, the Rhode Island probate court steps in to manage the distribution of your estate. The court will appoint a personal representative (sometimes called an administrator) and follow state law to decide who inherits what.
Even if your intentions were clear to your family, without a will in place, the law takes over — and it may not reflect your wishes.
Rhode Island’s Intestate Succession Laws
Here’s how assets are generally distributed if you die without a will in Rhode Island:
1. If You’re Married With No Children
Your surviving spouse typically inherits your entire estate.
2. If You’re Married With Children
Your spouse and children share your estate. The specific division depends on the number of children and the total value of the estate.
3. If You’re Unmarried With Children
Your children inherit everything in equal shares.
4. If You Have No Spouse or Children
The estate passes to your next closest relatives, in this order:
Parents
Siblings
Nieces and nephews
Extended family (cousins, grandparents’ descendants)
If no eligible relatives can be found, your assets may eventually escheat to the state — meaning the government inherits everything.
What Assets Are Affected?
Intestate succession applies only to assets that would normally pass through a will, such as:
- Real estate
- Bank accounts held in your name alone
- Personal property (cars, jewelry, furniture)
- Business interests
Assets with named beneficiaries (like life insurance or retirement accounts) or held in joint ownership usually pass outside of probate.
An experienced Rhode Island estate lawyer can help determine what’s subject to intestacy and how to avoid probate altogether with smart planning.
The Risks of Dying Without a Will
When you don’t have a will, your family may face:
Delays in receiving assets
Disputes among relatives
Higher legal costs
Loss of control over who inherits and who administers your estate
Unintended outcomes, such as estranged relatives receiving your assets
Most importantly, you lose the ability to:
Appoint a guardian for minor children
Choose who will manage your estate
Make charitable gifts
Provide for unmarried partners, stepchildren, or close friends
These consequences can be avoided with a legally sound estate plan.
How to Protect Your Wishes
Creating a valid estate plan ensures that you — not the state — decide what happens to your property and the people who matter to you. A basic estate plan in Rhode Island may include:
A last will and testament
A revocable living trust
Powers of attorney for finances and healthcare
A living will or advance directive
At Almagno Law, we tailor every estate plan to your specific goals, family structure, and asset portfolio — and we make the process simple and efficient.
What If a Loved One Already Died Without a Will?
If a family member passed away interstate, our team can guide you through the Rhode Island probate process. We help clients with:
- Petitioning the court for administration
- Valuing and distributing assets
- Handling debts and taxes
- Resolving inheritance disputes
Visit our FAQs for more information, or contact us for a consultation.
Secure Your Legacy With a Trusted Rhode Island Estate Attorney
Dying without a will puts your family in a difficult legal position. Let us help you avoid unnecessary stress, cost, and conflict by creating a clear, enforceable estate plan. At Almagno Law, we’ve helped countless Rhode Islanders prepare for the future with confidence.
Read our testimonials and case results to learn how we’ve helped others protect what matters most.
Legal Disclaimer
This blog and the information contained on this website are for informational purposes only and do not constitute legal advice. Reading this blog does not create an attorney-client relationship with Almagno Law or any of its attorneys. If you need legal advice, please contact an attorney licensed to practice in your jurisdiction.
