Rhode Island General Laws > Chapter 33-1 – Rules of Descent


§ 33-1-1	Real estate descending by intestacy to children or descendants, parents, or brothers and sisters
§ 33-1-2	Descent of real estate to paternal or maternal kindred
§ 33-1-3	Descent when no paternal or maternal kindred survive
§ 33-1-4	Descent to persons not in being or not capable to take as heirs
§ 33-1-5	Life estate descending to spouse
§ 33-1-6	Widow’s or husband’s allowance of real estate in fee
§ 33-1-7	Descendants of deceased heirs
§ 33-1-8	Children born out of wedlock
§ 33-1-10	Surplus personalty not bequeathed
§ 33-1-11	Advancements and debts of decedent
§ 33-1-12	Intestate estate
§ 33-1-13	Survivorship

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Terms Used In Rhode Island General Laws > Chapter 33-1 - Rules of Descent

Decedent: A deceased person.
Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. ^{Source: OCC}
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
in writing: include printing, engraving, lithographing, and photo-lithographing, and all other representations of words in letters of the usual form. See Rhode Island General Laws 43-3-16
Intestate: Dying without leaving a will.
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
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
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
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.
town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9