Skip to main content

How Assets Transfer After Death in Rhode Island

Not everything a person owned goes through the probate court. What happens to each asset depends on how it was titled and whether the owner named a beneficiary.

Ask one question of every asset: did the deceased set up a way for it to pass automatically? In Rhode Island that means express survivorship words in the deed, a bank account whose signature card gives the balance to the survivor, a securities registration in beneficiary form under chapter 7-11.1, a named insurance or retirement beneficiary, a vehicle passing to a surviving spouse under Section 31-3.1-37, or a funded trust. It does NOT include a transfer on death deed, because Rhode Island does not have one, and it does not include a vehicle beneficiary designation, because Rhode Island does not have one of those either.

Transfers Automatically (No Probate)

These assets carry a built in mechanism that moves them to a named person the moment the owner dies.

Requires Probate

Assets held in the decedent's name alone, with no beneficiary and no survivorship, pass under the will or by Rhode Island's rules of descent and generally need a probate court appointment.

Special Rhode Island Rules

Rhode Island has its own set of shortcuts and protections, and several of them do not look like other states.

Not sure if this estate needs probate?

Answer a few questions to see whether probate is likely and which transfer path fits. Free, no signup required.

Take the 2-minute assessment

Select an Asset Type

Pro Tips

  • -Ask each bank in writing whether the account was joint, whether it carried a payable on death beneficiary, and what the date of death balance was. Families are often wrong about all three
  • -Notify the bank promptly so cards stop and automatic debits are caught
  • -Do not close the decedent's account until the automatic payments have stopped clearing
  • -Order more certified death certificates than you think you need, because each institution keeps one

Frequently Asked Questions

What is the difference between probate and non-probate assets?
Probate assets are owned solely by the deceased with no designated beneficiary, requiring court supervision to transfer. Non-probate assets have built-in transfer mechanisms like beneficiary designations, joint ownership, or trust ownership.
What assets avoid probate in Rhode Island?
Assets that typically avoid probate include: life insurance with named beneficiaries, retirement accounts (401k, IRA) with beneficiaries, jointly owned property with right of survivorship, TOD (Transfer on Death) accounts, POD (Payable on Death) accounts, and assets held in a living trust.
What is a TOD or POD designation?
TOD (Transfer on Death) and POD (Payable on Death) are beneficiary designations that allow assets to pass directly to a named beneficiary upon death, bypassing probate.
Does joint ownership avoid probate?
Only joint ownership with "right of survivorship" avoids probate. This includes joint tenancy with right of survivorship and tenancy by the entireties (for married couples in some states).
SourcesOfficial references used for this page

Information current as of April 11, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Rhode Island can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

More Rhode Island Resources

Explore the rest of the Rhode Island probate hub.

Do I need probate?4 pages
Costs and money5 pages
File for probate2 pages
Transfer assets3 pages
Learn and reference4 pages