No will means intestate — RI appoints an Administrator, not an Executor. The property can still be sold, but the process is slower and requires extra court steps.
When a Rhode Island resident dies without a valid will, they are said to have died intestate. The estate — including any real property — is governed by Rhode Island's intestate succession statutes (RI Gen. Laws § 33-1-1 et seq.). The probate court distributes the estate to heirs in a legally prescribed order, regardless of what anyone believes the deceased would have wanted.
The critical difference from dying with a will: instead of an Executor named in the will, the court appoints an Administrator. An Administrator has essentially the same legal authority as an Executor — including authority to sell real estate — but must be formally appointed by the probate court before acting. This appointment process adds time compared to a testate estate where an Executor is named and can often begin acting quickly.
Under RI § 33-1-1, real and personal property passes in this order when someone dies without a will:
Note that the surviving spouse's share in Rhode Island is more limited than in some other states when there are children — the $75,000 + half remainder formula means the children have a direct ownership stake in the property. This commonly creates the scenario where multiple heirs must agree to any property sale.
A family member (typically the closest heir) files a Petition for Administration at the probate court in the city or town where the deceased was domiciled. In Rhode Island, there are 39 municipal probate courts — the correct court is determined by the deceased's last legal residence.
The court appoints an Administrator and issues Letters of Administration — the legal authority to act on behalf of the estate. Priority for Administrator appointment goes to: surviving spouse, then adult children, then other heirs. If heirs disagree on who should serve, the court decides.
The Administrator must inventory all estate assets (including the real property) and provide notice to known creditors. Rhode Island law requires a creditor claim period — typically 6 months from the date of publication of the notice.
Unlike some states where a personal representative can sell property without court approval, Rhode Island probate courts typically require the Administrator to petition for a license to sell real estate. The court reviews the petition, may schedule a hearing, and issues an order authorizing the sale.
With court authorization and all heirs in agreement, the Administrator signs the deed on behalf of the estate. The closing proceeds like any other real estate transaction — funds are distributed to the estate and then to heirs after estate debts are paid.
In intestate estates with multiple heirs, disagreements about the property are common — especially when siblings have different financial needs or emotional attachments to a family home. Rhode Island law provides two mechanisms:
We work with Administrators, Executors, and heirs throughout RI. Cash offer in 24 hours — we close when the estate is ready.
Call (401) 396-7427Get Cash Offer →Yes — the estate goes through intestate probate. The court appoints an Administrator who has authority to sell real estate after receiving Letters of Administration and court approval for the sale. It takes longer than a testate estate but the home can be sold.
Under RI § 33-1-1: surviving spouse receives $75,000 + half the remainder; children split the other half. No spouse → children share equally. No spouse or children → parents, then siblings, then more distant relatives, then the state.
The court document giving the Administrator legal authority to act on behalf of the intestate estate — including signing deeds, managing bank accounts, and selling real estate. The equivalent of Letters Testamentary for a testate estate.
Any heir can file a partition action in RI Superior Court under § 34-15-1. The court can order the property sold and proceeds divided — even over objecting heirs. This adds 6–18+ months and significant legal cost, so most families resolve disagreements before this step.