Rhode Island General Laws

R.I. Gen. Laws § 33-1-5 (2026)

Life estate descending to spouse

✓ current as of July 2026

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Whenever the intestate dies and leaves a surviving spouse, the real estate of the intestate shall descend and pass to the surviving spouse for his or her natural life. The provisions of §§ 33-1-1 and 33-1-2 shall be subject to the provisions of this section and § 33-1-6.

Notes of Decisions

Cited in 3 cases, 1976–2008 · leading case: Jerome v. Prob. Court of Town of Barrington, 922 A.2d 119 (R.I. 2007).

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Jerome v. Prob. Court of Town of Barrington, 922 A.2d 119 (R.I. 2007). · cites it 6× “Compare G.L.1956 §§ 33-1-5, 33-1-10, and 33-25-2 (under Rhode Island law, if an intestate dies without issue, the surviving spouse gets a life estate in the real property, the first $50,000, and one-half of the remainder of personal property) with Restatement (Third) Property:…”

Fleet Nat'l Bank v. Hunt, 944 A.2d 846 (R.I. 2008). ““(8) The residue shall be distributed among the heirs of the intestate in the same manner real estates descend and pass by this chapter, but without having any respect to the life estate and discretionary allowance provided by §§ 33-1-5 and 33-1-6.” Furthermore, § 33-1-1 governs…”

Est. of McAlpine v. Est. of McAlpine, 360 A.2d 114 (R.I. 1976). “1956 (1969 Reenactment) *959 §33-1-5 is constitutional, in that it grants no appellate review of an order or decree granting a petition which permits a party to file a claim out of time.”

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