When a loved one passes away, the probate process ensures their assets are distributed according to their will or Rhode Island law. But what happens when a named beneficiary dies before or during probate? This situation adds another layer of complexity, and understanding how the process works can help families avoid unnecessary delays and disputes. At Tomassi Law, LLC, we assist the Warwick community in navigating these challenges with clarity and confidence.

What Happens If a Beneficiary Dies Before the Person Who Made the Will?

If a beneficiary dies before the person who created the will (the testator), Rhode Island’s “anti-lapse” statute may apply. This law prevents certain gifts from failing if the beneficiary was related to the testator.

• If the beneficiary was a descendant of the testator (such as a child or grandchild), their share may pass to their own descendants unless the will states otherwise.
• If the beneficiary was not a descendant, the gift typically “lapses,” meaning it becomes part of the estate’s residual assets.

Clear drafting within the will can override the statute, so each situation depends on the specific language in the document.

What If the Beneficiary Dies After Probate Begins?

If a beneficiary is alive when the testator dies but passes away during probate, their inheritance usually becomes part of their own estate. In this case:

• Their share will go to their heirs according to their will or Rhode Island intestacy law.
• Their executor or administrator steps in to receive the inheritance on behalf of their estate.

This may slow the probate process, as the court must coordinate with the beneficiary’s estate representative.

How Rhode Island Handles Lapsed or Void Gifts

When a gift lapses—because the beneficiary predeceased the testator and the anti-lapse rule does not apply—the inheritance typically:

• Falls into the residuary estate (the remaining assets after specific gifts), or
• Is distributed among surviving beneficiaries based on the will’s instructions.

If no will exists, Rhode Island’s intestacy laws determine how property is divided among surviving family members.

Why These Situations Complicate Probate

When a beneficiary dies, probate may become more involved because:

• Additional probate estates may need to be opened.
• More legal notices and court filings may be required.
• Conflicts can arise among surviving family members over who should receive the deceased beneficiary’s share.

These factors can extend timelines and increase administrative responsibilities for the executor.

How Tomassi Law, LLC Can Assist

Understanding the implications of a beneficiary’s death during probate requires careful review of the will, state statutes, and the circumstances of each estate. At Tomassi Law, LLC, we guide Warwick families through these issues by:

• Reviewing wills and estate documents
• Interpreting Rhode Island’s anti-lapse and probate laws
• Assisting executors with filings, notices, and distribution
• Helping resolve disputes among heirs
• Advising families on updating their own estate plans to avoid similar complications

Conclusion

The death of a beneficiary during probate can create complications that are difficult to navigate alone. Whether the issue is a lapsed gift, delayed distribution, or coordination with another estate, Rhode Island law provides a clear framework—but applying it can be challenging. Having legal guidance can help ensure the estate is handled smoothly and according to the decedent’s wishes.