What Happens to Property Without a Will in Rhode Island?
When someone passes away without a valid will, their estate doesn’t simply disappear — but what happens next can surprise many families. In Rhode Island, property left behind with no instructions must go through a legal process called intestate succession. This means the court follows state law to determine who inherits, regardless of what the deceased may have verbally promised.
At McCormick Law Offices, we regularly guide clients through these situations. Whether you’re handling a loved one’s estate or planning ahead, here’s what you need to know.
Understanding Intestate Succession in Rhode Island
If someone dies intestate — meaning without a will — Rhode Island law outlines a specific order of inheritance. These laws prioritize spouses, children, and close relatives, but outcomes vary depending on who survives the deceased.
Here’s how it typically works:
- Spouse only, no children or parents: The surviving spouse inherits everything.
- Spouse and children: The estate is divided between the spouse and children.
- Children but no spouse: Children inherit everything equally.
- No spouse or children: Parents inherit, followed by siblings if parents are deceased.
- No immediate family: More distant relatives (nieces, nephews, cousins) may inherit.
If absolutely no legal heirs can be found, the property “escheats” — or reverts — to the State of Rhode Island. This is rare but possible.
What Assets Go Through Probate Without a Will?
Not everything a person owns automatically goes through probate. However, without a will, the court must evaluate all property to determine what is part of the probate estate.
Common probate assets include:
- Real estate owned solely by the deceased
- Bank accounts without a named beneficiary
- Personal property (furniture, vehicles, valuables)
- Investments titled solely in the deceased’s name
Jointly owned property or accounts with designated beneficiaries (like life insurance) typically pass outside of probate, even without a will.
Learn more about how property is handled in our Real Estate Law section.
The Probate Process Without a Will
Without a will, the process becomes more rigid — and often more time-consuming. Here’s what to expect:
- Filing a Petition – A family member or interested party must file a petition with the probate court to begin administration.
- Appointing an Administrator – The court appoints someone (often a close relative) to serve as the estate’s personal representative.
- Inventory & Valuation – The administrator must identify, value, and safeguard all estate assets.
- Paying Debts & Taxes – Before distributing anything, the estate must satisfy valid debts, expenses, and taxes.
- Distribution to Heirs – Once cleared by the court, the estate is distributed based on the intestate succession laws outlined earlier.
If you’re unsure whether you can—or should—serve as the administrator, McCormick Law Offices can provide guidance or act as your legal representative during the process.
Why Having a Will Still Matters
Even though Rhode Island has laws in place, not having a will leaves your estate vulnerable to delays, disputes, and outcomes you wouldn’t have chosen. Creating a legally valid will allows you to:
- Choose your beneficiaries
- Appoint a trusted executor
- Name guardians for minor children
- Minimize conflict among surviving family
Our Probate & Wills page explains how we help clients prepare for the future with clarity and control.
How McCormick Law Offices Can Help
Whether you’re navigating an estate without a will or looking to create one, our firm brings over 30 years of experience and local insight to every case. We’ve helped Rhode Island families handle:
- Complex probate matters
- Estate administration with or without wills
- Real estate title transfers
- Guardianship concerns
- Disputes over inheritance or ownership
Our personalized approach ensures you’re not facing these situations alone. Visit our About page to learn more about our background and values.
Next Steps: Speak With a Probate Attorney
If you’ve recently lost a loved one and there is no will in place, the best first step is to speak with a Rhode Island probate attorney. Every estate is different, and timelines, costs, and requirements can vary.
At McCormick Law Offices, we provide clear answers and compassionate legal support. You can also browse our FAQs or reach out directly to schedule a consultation.
Final Thoughts
Dying without a will doesn’t mean your estate is unprotected — but it does mean state law takes over. If you’re facing this situation, or you want to make sure your own estate is handled properly, we’re here to help.
Contact McCormick Law Offices today to speak with a probate and estate attorney who knows how to handle Rhode Island’s unique legal landscape with experience, empathy, and attention to detail.
Legal Disclaimer
The information provided on this website, including all blog posts, resources, and service descriptions, is for general informational purposes only and should not be construed as legal advice. While McCormick Law Offices strives to keep content accurate and up to date, the law is constantly evolving, and the information presented may not reflect the most recent legal developments or apply to your particular circumstances.
No attorney-client relationship is established by viewing this website, filling out a contact form, or engaging with our content. An attorney-client relationship with McCormick Law Offices is only formed through a signed written agreement.
You should not act or rely on any information on this site without first consulting a qualified attorney regarding your specific legal matter. Any links to third-party websites are provided for convenience only and do not imply endorsement or responsibility for their content.
McCormick Law Offices serves clients primarily in Rhode Island and Massachusetts. Legal services are provided in accordance with the applicable laws and ethical rules of these jurisdictions.
If you need legal advice or representation, please contact our office directly to schedule a confidential consultation.
