Rhode Island § 33-28-1 - Elective Share
Full text of Rhode Island Rhode Island General Laws § 33-28-1 — Elective Share, with citation guidance and answers to common questions.
§ 33-28-1. Elective Share
R.I. Gen. Laws § 33-28-1
§ 33-28-1. Elective share.
(a) The surviving spouse of a decedent who dies domiciled in this state has a right of election, under the limitations and conditions stated in this chapter, to take an elective share equal to:
(1) The life estate and allowance in an intestate’s real estate titled in the name of the decedent individually at the time of the decedent’s death pursuant to §§ 33-1-5 and 33-1-6; and
(2) The share of the decedent’s personal estate subject to probate pursuant to § 33-1-10.
The elective share may be taken in kind or the value thereof.
(b) If the right of election is exercised by, or on behalf of, the surviving spouse, the surviving spouse’s allowances pursuant to chapter 10 of this title, if any, are not charged against, but are in addition to, the elective share.
(c) The right, if any, of the surviving spouse of a decedent who dies domiciled outside this state to take an elective share in property in this state is governed by the law of the decedent’s domicile at death.
History of Section.
P.L. 2014, ch. 260, § 4; P.L. 2014, ch. 312, § 4; P.L. 2018, ch. 149, § 1; P.L. 2018,
ch. 235, § 1.
Frequently Asked Questions About Rhode Island § 33-28-1
What does Rhode Island General Laws § 33-28-1 cover?
Section 33-28-1 ("Elective Share") is part of the Rhode Island General Laws, the codified statutory law of Rhode Island. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Rhode Island § 33-28-1?
A common citation format is "Rhode Island General Laws § 33-28-1" (Rhode Island). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Rhode Island law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Rhode Island official source linked on this page or consult a licensed Rhode Island attorney.
How does Rhode Island § 33-28-1 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Rhode Island can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Rhode Island.