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Affidavit of Heirship in Rhode Island

Whether Rhode Island lets heirs prove inheritance of real estate by affidavit or court determination of heirship, and who inherits.

Short answer: No statute. Rhode Island's probate title does not provide an affidavit of heirship or a separate heirship-determination proceeding for real estate; R.I. Gen. Laws Title 33 (chapter index)

Affidavit / determination of heirshipNo statute. Rhode Island's probate title does not provide an affidavit of heirship or a separate heirship-determination proceeding for real estate; real estate of a person who dies without a will descends to the heirs under the rules of descent, and title questions are usually resolved through the city or town probate court proceeding.
Source: R.I. Gen. Laws Title 33 (chapter index)
Who inherits without a willReal estate passes first to the children (or their descendants), then to the parents, then to brothers and sisters and their descendants. A surviving spouse receives a life estate in the real estate, and the probate court may also, on a petition filed within six months after notice of the administrator's appointment is first published, award the spouse up to $150,000 of real estate outright (if not needed to pay debts). Of the personal property left after debts, the spouse receives one-half if there are children or other descendants; if there are none, the spouse receives $50,000 plus one-half of the rest.
See also §§ 33-1-1, 33-1-5 and 33-1-6 for the real estate rules.
Source: R.I. Gen. Laws §§ 33-1-1, 33-1-5, 33-1-6, 33-1-10

More Rhode Island estate law

FAQ

Does Rhode Island have an affidavit of heirship?
No statute. Rhode Island's probate title does not provide an affidavit of heirship or a separate heirship-determination proceeding for real estate; real estate of a person who dies without a will descends to the heirs under the rules of descent, and title questions are usually resolved through the city or town probate court proceeding.
Who inherits if someone dies without a will in Rhode Island?
Real estate passes first to the children (or their descendants), then to the parents, then to brothers and sisters and their descendants. A surviving spouse receives a life estate in the real estate, and the probate court may also, on a petition filed within six months after notice of the administrator's appointment is first published, award the spouse up to $150,000 of real estate outright (if not needed to pay debts). Of the personal property left after debts, the spouse receives one-half if there are children or other descendants; if there are none, the spouse receives $50,000 plus one-half of the rest.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.