FigureMyTax

Rhode Island Real Estate Sale: Do You Need Court Approval?

Without a will, a surviving spouse doesn't automatically own the house — they may need to ask the court for it first.

R.I. Gen. Laws Title 33

By the FigureMyTax Editorial Team · Reviewed 2026 · How we calculate

Quick answer: if there's a valid will leaving the house to the spouse or another heir, no special petition is needed. Without one, a surviving spouse only gets a life estate by default and must petition the court for outright ownership. Run your own numbers in the Rhode Island probate real estate sale calculator.

A life estate, not outright ownership, by default

Genuinely distinctive: a surviving spouse receives only a life estate in real property by default under intestacy, not outright ownership, and must petition the court to inherit up to $150,000 of real estate outright if there are surviving descendants, or $75,000 if there are none.

A will sidesteps this entirely

This life-estate default applies specifically under intestacy — a valid will can leave real property outright to the surviving spouse without any petition being necessary.

One of 39 courts, based on residence

Whichever petition or approval is needed, it's filed with the probate court of the city or town where the decedent lived — Rhode Island's five counties are geographic only and run no court of their own.

Facing probate in Rhode Island?

A local probate attorney can review your estate — many offer a free consultation.

Talk to a Rhode Island attorney

All 39 Rhode Island municipal probate courts apply the same Title 33 rules on spousal real property rights.

Court approval to sell — frequently asked questions

What does a surviving spouse get in real property without a will?

Only a life estate by default, not outright ownership — full ownership up to a set dollar amount requires petitioning the probate court.

How much can a surviving spouse petition to inherit outright?

Up to $150,000 of real estate outright if there are surviving descendants, or $75,000 if there are none.

Which municipal court handles this petition?

The probate court of the city or town where the decedent lived — Rhode Island's five counties are geographic only and run no court of their own.

Does a will avoid this life-estate default?

Yes — the life estate rule applies under intestacy; a valid will can leave real property outright to the surviving spouse without any petition being necessary.

Keep going

Rhode Island Probate Real Estate Sale CalculatorYour estimate, based on your answers Rhode Island Sale Costs & Commission"Just" compensation, plus the deed recording fee Capital Gains Tax on the Sale in Rhode IslandUp to 5.99%, taxed as ordinary income Rhode Island Executor Fee Calculator"Just" compensation, explained

This page provides general guidance only and is not legal advice. Based on R.I. Gen. Laws Title 33 (intestate succession). Confirm with the municipal probate court or a licensed Rhode Island attorney before acting.