Rhode Island General Laws 33-1-10. Surplus personalty not bequeathed
The surplus of any chattels or personal estate of a deceased person, not bequeathed, after the payment of his or her just debts, funeral charges, and expenses of settling his or her estate, shall be distributed by order of the probate court which shall grant administration in the manner following:
(1) The sum of fifty thousand dollars ($50,000) from the surplus and one-half (½) of the remainder to the widow or surviving husband forever, if the intestate died without issue.
(2) One-half (½) of the surplus to the widow or surviving husband forever, if the intestate died leaving issue.
(3) 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.
History of Section.
C.P.A. 1905, § 941; G.L. 1909, ch. 316, § 9; P.L. 1919, ch. 1787, § 7; G.L. 1923, ch. 367, § 9; G.L. 1938, ch. 567, § 9; P.L. 1943, ch. 1283, § 3; G.L. 1956, § 33-1-10; R.P.L. 1957, ch. 155, § 2.
Terms Used In Rhode Island General Laws 33-1-10
- 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).
- person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
- Probate: Proving a will
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.