(a)  The surviving spouse of a decedent who dies domiciled in this state has a right of election, under the limitations and conditions stated in this chapter, to take an elective share equal to:

(1)  The life estate and allowance in an intestate‘s real estate titled in the name of the decedent individually at the time of the decedent’s death pursuant to §§?33-1-5 and 33-1-6; and

(2)  The share of the decedent’s personal estate subject to probate pursuant to §?33-1-10.

The elective share may be taken in kind or the value thereof.

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Terms Used In Rhode Island General Laws 33-28-1

  • Decedent: A deceased person.
  • Intestate: Dying without leaving a will.
  • Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
  • Probate: Proving a will
  • real estate: may be construed to include lands, tenements, and hereditaments and rights thereto and interests therein. See Rhode Island General Laws 43-3-10

(b)  If the right of election is exercised by, or on behalf of, the surviving spouse, the surviving spouse’s allowances pursuant to chapter 10 of this title, if any, are not charged against, but are in addition to, the elective share.

(c)  The right, if any, of the surviving spouse of a decedent who dies domiciled outside this state to take an elective share in property in this state is governed by the law of the decedent’s domicile at death.

History of Section.
P.L. 2014, ch. 260, § 4; P.L. 2014, ch. 312, § 4; P.L. 2018, ch. 149, § 1; P.L. 2018, ch. 235, § 1.