§ 33-1-1. Real estate descending by intestacy to children or descendants, parents, or brothers and sisters. Whenever any person having title to any real estate of inheritance shall die intestate as to such estate, it shall descend and pass in equal portions to his or her kindred, in the following course: (1) First to the […]
§ 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 […]
§ 33-1-11. Advancements and debts of decedent. (a) If a person dies intestate as to all or a portion of the decedent’s estate, any property given by the decedent during his or her lifetime to an individual who, at decedent’s death, is an heir, shall be treated as an advancement against the heir’s intestate share […]
§ 33-1-12. Intestate estate. (a) Any part of a decedent’s estate not effectively disposed of by will passes by intestate succession to the decedent’s heirs as prescribed in this chapter, except as modified by the decedent’s will. (b) A decedent may by will expressly exclude or limit the right of an individual or class to […]
§ 33-1-13. Survivorship. An individual who fails to survive the decedent by one hundred twenty (120) hours is considered to have predeceased the decedent for purposes of homestead allowance, exempt property, and intestate succession, and the decedent’s heirs are determined accordingly. If it is not established by clear and convincing evidence that an individual, who […]
§ 33-1-2. Descent of real estate to paternal or maternal kindred. If the intestate has no surviving parent, nor brother, nor sister, nor their descendants, the inheritance shall go in equal moieties to the intestate’s paternal and maternal kindred, each in the following course: (1) First to the grandparents, in equal shares, if any there […]
§ 33-1-3. Descent when no paternal or maternal kindred survive. When in this chapter the inheritance is directed to go by moieties to the intestate’s paternal and maternal kindred, if there are no such kindred on the one part, the whole shall go to the other part; and if there are no kindred either on […]
§ 33-1-4. Descent to persons not in being or not capable to take as heirs. No right in the inheritance shall accrue to any persons whatsoever other than to the children of the intestate, unless such persons are in being and capable in law to take as heirs at the time of the intestate’s death. […]
§ 33-1-5. Life estate descending to spouse. 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. […]
§ 33-1-6. Widow’s or husband’s allowance of real estate in fee. The probate court having jurisdiction of the estate of the intestate, if a resident of this state, or the probate court of any city or town in which the real estate of the intestate is situated if not a resident of this state, may […]
§ 33-1-7. Descendants of deceased heirs. The descendants of any person deceased shall inherit the real and personal estate that the person would have inherited had the person survived the intestate, subject to the express provisions of these canons of descent and distribution. History of Section.C.P.A. 1905, § 937; G.L. 1909, ch. 316, § 5; […]
§ 33-1-8. Children born out of wedlock. A child born out of wedlock shall be capable of inheriting or transmitting inheritance on the part of his or her mother and father in like manner as if born in lawful wedlock. Any such child whose parents shall lawfully intermarry and shall acknowledge him or her as […]
§ 33-1-9. Repealed. History of Section.C.P.A. 1905, § 940; G.L. 1909, ch. 316, § 8; G.L. 1923, ch. 367, § 8; G.L. 1938, ch. 567, § 8; Repealed by P.L. 1995, ch. 323, § 21, effective July 5, 1995.
