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State guide

Rhode Island

Estate law, probate process, and inheritance rules for Rhode Island — in plain language.

Probate timeline
6–9 months typical

$2,500–$4,500 on typical estates

Small-estate procedure
Under $15,000 personal property

Affidavit procedure RIGL §33-24-1

State taxes
Estate tax: Yes — $1.77M (2024 indexed)Inheritance tax: None

Rate: 0.8%–16% graduated

Common-law state
Spousal rights in Rhode Island

Right to live in real estate for life (curtesy/dower analog) + elective share

If there is no will (intestate succession)

Spouse + descendants of marriage: spouse takes 100% of personal property + life estate in real property.

Executor / personal-rep requirements
  • Must be 18+ and of sound mind
  • May be required to post bond unless will waives it
  • Must file inventory of estate assets
  • Must give notice to creditors per statute
Key filing deadlines
  • Will filed within 30 days of death
  • Estate tax return due 9 months after death
  • Inventory: within 90 days of appointment
Common pitfalls in Rhode Island
  • RI estate tax threshold is low — modest estates may owe
  • RI homestead protection requires recorded declaration
  • Outdated beneficiary designations override the will
  • Real estate in another state triggers ancillary probate
  • Joint tenancy with non-spouse can create unintended consequences
Recommended actions for Rhode Island residents
  • Trust strongly recommended for estates > $1.5M
  • Portability and disclaimer trust planning
Statute references
  • RI General Laws Title 33 (Probate Practice and Procedure)
  • RIGL §44-22 (Estate Tax)

Statute references are for orientation only. Verify current text with your state legislature's website. Not legal advice — consult an attorney licensed in Rhode Island.

Important legal notice

Plan Your Passing is not a law firm. The information on this site is for general educational purposes only and does not constitute legal, financial, tax, medical, or professional advice. No attorney-client relationship is created by reading this site or using any tool on it. Estate, probate, tax, and inheritance laws differ by country, state, province, county, and individual circumstance, and they change over time. You are solely responsible for confirming the laws that apply to you. Always consult a licensed attorney in your jurisdiction before making any legal, financial, or tax decision regarding wills, trusts, beneficiaries, probate, real estate transfers, gifts, or end-of-life directives. The author, operators, and affiliates of this site disclaim all liability for actions taken or not taken based on its contents.

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