Legal Question in Wills and Trusts in Rhode Island

Re: no will, no relatives

When there is no will, the laws of intestacy apply. This means that one first looks down the family tree for any children or grandchildren (as well as for a spouse of the decedent). If no "issue" survive a decedent, one looks "up" the family tree until surviving relatives are found. I.e., first for parents, siblings, grandparents, aunts, uncles, cousins of varying degree.

If there really are no relatives who can be identified, it can "escheat" to the Commonwealth, subject to the right of someone having an intestate interest in the estate to claim it at a future point.

If an estate has not been administered within a certain period of time, a creditor could petition for administration and or it could be assigned to a public administrator. In each case, the administrator appointed is responsible for paying the obligations of the decedent, including funeral expenses, debts, expenses of last illness, unpaid taxes, administration expenses, etcetera.

In the absence of a bequest in a will, persons unrelated by blood to the decedent do not have an interest, and cannot "help themselves" to the decedent's property.

Re: no will, no relatives

The administrator of the estate has a duty to search for any possible extended family, even 3rd cousins twice removed. So, the administrator will need to hire a geneologist to locate the relatives most closely related to the decedent. If there are no heirs, the geneologist will sign an affidavit stating as much. If there really are NO legal heirs, then the State gets the estate. Friends have no legal rights.

This is another example of the law of unintended consequences that applies when there is no Will designating who should get the inheritance.