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How to Avoid Probate in Rhode Island
Pillar GuideRhode Island24 min read

How to Avoid Probate in Rhode Island

Rhode Island has no transfer-on-death deed, and a deed to two people is a tenancy in common. Here is what actually keeps property out of Probate Court.

By Settled Editorial

In Rhode Island, an asset skips probate when title or a beneficiary form already names the person who takes it. That covers property retitled into a funded revocable trust, real estate conveyed during life under a reserved life estate, joint tenancy created by express survivorship words, joint and in-trust-for bank accounts, securities registered in beneficiary form, and retirement and life insurance designations.

Two Rhode Island answers surprise almost everyone. The state has no transfer-on-death deed for real estate, and a deed naming two people creates a tenancy in common by default even when those two people are married. Both facts are set out below with the sections that say so. Read this guide as a planning map, and check anything touching your own house or your own family with a licensed Rhode Island attorney.

Rhode Island Has No Transfer-On-Death Deed

Start here, because getting this wrong costs a family a filing.

Title 34 of the General Laws carries every Rhode Island chapter on property and land. Its published chapter list runs from chapter 34-1 through chapter 34-50 and covers capacity to hold real estate, tenancy in common, estates in real property, disclaimers, form and effect of conveyances, recording of instruments, marketable record title, electronic recording, mortgages, liens, condominiums, and landlord and tenant law. No chapter in that list creates a deed that moves real estate at death.

Rhode Island does have a transfer-on-death statute. It reaches securities and nothing else. Chapter 7-11.1 is the Uniform Transfer on Death Security Registration Act, and its twelve sections speak only to a registration of a security or a security account with a registering entity. Land sits nowhere in it.

Say the negative plainly, because the commercial layer says the opposite. Several online form sellers publish a "Rhode Island transfer-on-death deed" template, and at least one national explainer states that Rhode Island permits TOD deeds for real estate. If you buy one and record it, you have recorded an instrument no Rhode Island chapter authorizes.

So a Rhode Island house leaves probate through a funded revocable trust, a life estate deed, or survivorship words written into the deed itself. Those three are covered next.

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A Rhode Island Deed To Two People Is A Tenancy In Common

Here is the trap that sends Rhode Island houses to Probate Court by accident.

R.I. Gen. Laws § 34-3-1 reads that all gifts, feoffments, grants, conveyances, devises or legacies, of real or personal estate, which shall be made to two or more persons, whether they be husband and wife or otherwise, shall be deemed to create a tenancy in common and not a joint tenancy. Four escapes follow in the same sentence. Survivorship exists only where the instrument declares that the tenancy is to be joint, or runs to those persons and the survivors or survivor of them, or runs to them as trustees or executors, or otherwise manifestly shows an intention to take as joint tenants.

Read the phrase "whether they be husband and wife or otherwise" twice. Rhode Island wrote the married couple into the default rather than out of it. A couple who bought a house together, assumed the survivor would simply keep it, and never checked the wording each own a tenancy in common share, and that share passes through the deceased owner's estate.

Pull the recorded deed from the land evidence records of the city or town where the property sits and read the words on it. That five-minute check is worth more than any form purchase.

The Life Estate Deed Rhode Island Put In Statute

Rhode Island gave itself a real-property tool that most states never enacted, and it is under-used.

R.I. Gen. Laws § 34-4-2.1 lets a grantor convey title to real estate and reserve a life estate, coupled with the reserved power and authority, during the grantor's lifetime, to sell, convey, mortgage, or otherwise dispose of the property without the consent or joinder of the remainder holders. A conveyance by that life tenant, once recorded, vests good title free and clear of any right, title and interest of the remainder holders, with no additional deed from them.

Two things follow. The remainder interest was conveyed while the owner was alive, so at death there is nothing left in the estate to administer for that parcel. And the owner keeps control the whole time, which is what an ordinary life estate deed gives up. That combination is why some Rhode Island attorneys reach for this instrument where another state's lawyer would reach for a beneficiary deed.

It is still a present conveyance of a future interest. Once recorded, the remainder holders are on the deed, and the transfer has its own tax and Medicaid consequences. Have a Rhode Island attorney draft it.

Revocable Living Trusts, And How Rhode Island Funds Them

With no beneficiary deed available, the revocable trust is the Rhode Island answer for a house that should pass without a court file. Rhode Island has not adopted the Uniform Trust Code. Title 18, the fiduciaries title, runs from chapter 18-1 through chapter 18-16 and carries spendthrift trusts, charitable trusts, qualified dispositions in trust, the Uniform Custodial Trust Act and the Uniform Prudent Investor Act, with no trust code among them. So the trust instrument's own words do most of the work here.

Funding is where these plans fail, and Rhode Island writes the funding step into statute. R.I. Gen. Laws § 34-4-27 says property to be held in trust shall be conveyed to the trustees of the trust. An affidavit or memorandum of trust may be recorded with the creation, amendment, restatement, or revocation, and any later transfer or mortgage of trust property by the trustees requires recording either the trust instrument or that affidavit. The section lists nine items the affidavit must carry, including the names of the current trustees, the trustees' authority to convey or mortgage, how successor trustees are appointed, and whether the trust has been revoked.

Two operating rules sit in the same section. Any third party without actual knowledge to the contrary may rely on the statements in the recorded affidavit, and any amendment or revocation must itself be recorded to give notice to third parties. So a Rhode Island trust that owns a house lives partly in the land evidence records of the city or town where the land is.

A trust keeps out of probate only the property you actually retitle into it. The deed has to be signed and recorded, and the accounts have to be moved. Work through the Rhode Island revocable living trust guide for what belongs inside one and what the successor trustee inherits.

Bank And Credit Union Accounts

Rhode Island gives depositors two devices, and both live in the banking title rather than the probate title.

Joint accounts payable to the survivor. R.I. Gen. Laws § 19-9-14 covers a deposit in the name of two persons and payable to either or to the survivor. The bank may pay either person, whether the other is living or not, and the receipt of the person paid is a valid and sufficient release. Section 19-5-5 does the same job for credit union shares and deposits held by two or more people, with the added requirement that at least one of them is or becomes a member.

Accounts held in trust for a named person. Section 19-9-12 is the Rhode Island answer to a payable-on-death form, and almost nobody names it. A deposit made by one person in trust for another requires the name and residence of that other person to be disclosed and credited to the depositor as trustee. Where no other written notice of the trust terms has been given to the bank, the deposit may be paid on the trustee's death to the person for whom it was made.

Read what these two sections actually do. Each one tells a bank it may pay and protects the bank when it does. Neither section declares who owns the money as against the estate or another heir, which is a separate question a Rhode Island court decides on the facts. Ask your bank in writing which form it is opening, keep the answer, and review every designation after a marriage, a divorce, a birth, or a death.

Securities Registered In Beneficiary Form

Brokerage and investment holdings get the one genuine Rhode Island transfer-on-death, and the rules are tighter than most summaries admit.

  • Who may use it. Section 7-11.1-3 allows beneficiary-form registration only where the registration shows sole ownership by one individual, or multiple ownership by two or more with right of survivorship rather than as tenants in common.
  • Nothing changes while you live. Section 7-11.1-7 says the designation has no effect on ownership until the owner's death, and the sole owner or all surviving owners may cancel or change it at any time without the beneficiary's consent.
  • What happens at death. Section 7-11.1-8 passes ownership to the beneficiaries who survive all owners, who hold as tenants in common until the security is divided. If no beneficiary survives, the security belongs to the estate. That is the argument for naming a contingent beneficiary today.
  • It is not a will, and it is not creditor-proof. Section 7-11.1-10 says the transfer works by contract between the owner and the registering entity, is not testamentary, and the security transferred is not considered an asset of the decedent's estate subject to probate. Subsection (b) then preserves the rights of creditors of security owners against beneficiaries and other transferees under other laws of the state.

Ask your brokerage for its transfer-on-death registration form, then confirm in writing that the registration went through.

Vehicles Pass To The Surviving Spouse, With No Beneficiary Form

Rhode Island runs the opposite of a vehicle transfer-on-death, and the difference matters if you are copying a plan from another state.

Chapter 31-3.1 governs certificates of title, and it creates no beneficiary designation for a car. What it creates instead is a default. R.I. Gen. Laws § 31-3.1-37 says that unless the will provides otherwise, any motor vehicle owned by the decedent belongs to the surviving spouse and title passes to that spouse. The Division of Motor Vehicles registers the vehicle in the spouse's name on presentation of a certified copy of the death certificate and the deceased spouse's registrations, and no fee is charged for the new certificate of title. The spouse also avoids a registration fee for the year where the deceased spouse already registered the vehicle and paid the fee.

So a Rhode Island car needs no planning document for a married owner and has no beneficiary route for anyone else. The Rhode Island vehicle transfer page covers what the Division of Motor Vehicles asks for in the other situations.

The $15,000 Voluntary Informal Route

Rhode Island keeps a court-lite path for a modest estate, and it is narrower than the headline number suggests.

R.I. Gen. Laws § 33-24-1 opens the route where a Rhode Island resident dies leaving an estate consisting entirely of personal property, and the value otherwise subject to being listed on a probate inventory under § 33-9-1, excluding tangible personal property, does not exceed $15,000. A surviving spouse, child, grandchild, parent, brother, sister, niece, nephew, aunt or uncle, or any interested party of full age and capacity who lives in Rhode Island may file. Four conditions run the gate:

  1. Thirty days have passed since the death.
  2. No petition for letters testamentary or letters of administration has been filed in the probate court of the city or town where the decedent lived.
  3. The statement is verified by oath and lists every asset titled solely in the decedent's name with an estimated value, plus the people who would take under § 33-1-10.
  4. The filer pays $30 to file and $5 for the certification of appointment, and the judge reviews the certification before the clerk issues it.

Two limits decide most cases. The estate must consist entirely of personal property, so a single parcel of Rhode Island real estate closes this door. And a voluntary administrator is liable as an executor in his or her own wrong to anyone aggrieved by the administration, which is a real obligation attached to a cheap filing. Section 33-24-2 runs the parallel route where the decedent left a will naming an executor.

The Rhode Island Department of State publishes both forms statewide, PC-1.10 for a voluntary informal administrator and PC-1.9 for a voluntary informal executor. The Rhode Island small estate affidavit page covers the filing itself.

What Avoiding Probate Changes, And What It Does Not

Four consequences follow a Rhode Island plan that moves assets outside the estate. Two are real savings and two are not.

It does shrink the court fee. Section 33-22-21 charges one percent of the personal property of the decedent over which the court has jurisdiction on a petition to appoint an administrator or to probate a will, with a floor of $30 and a ceiling of $1,500, paid before the petition is filed on the petitioner's own estimate and revised later. Section 33-9-1 puts all personal property, claims, rights and causes of action other than real property into the inventory, so the house never enters the fee base and personal property moved outside the estate leaves it. Section 42-8.1-20(b) then adds a $4 assessment for every instrument filed for recording under §§ 33-22-21 and 34-13-7, of which $3 goes to the State Archives and $1 stays with the city or town.

It does narrow Medicaid estate recovery. Section 40-8-15 gives the Executive Office of Health and Human Services a lien on the estate of a Medicaid beneficiary who was 55 or older, and subsection (a)(2) defines estate as all real and personal property and other assets included or includable within the individual's probate estate. Subsection (e) blocks any lien on real property until a statement of claim naming the owner of record, the plat and lot, and the street address is recorded in the land evidence records of the city or town where the property sits. The lien also does not attach where the beneficiary is survived by a spouse, a child under 21, or a child who is blind or permanently and totally disabled. Federal transfer and look-back rules apply to lifetime gifts on their own terms, so this is a question for a licensed Rhode Island elder law attorney rather than a form.

It does not remove the tax filing. Section 44-23-1 requires every executor, administrator, and heir-at-law to file a statement under oath with the tax administrator within nine months of the death, showing the full and fair cash value of the estate, the amounts paid out for claims, expenses, charges and fees, and the names and addresses of everyone entitled to a share. The Division of Taxation requires Form RI-706 for every decedent dying on or after January 1, 2015, whether the estate is taxable or not, and no filing fee is due for a death on or after January 1, 2025. The threshold is measured on the gross estate, which is $1,838,056 for a death on or after January 1, 2026. A statutory lien sits on Rhode Island real estate and on interests in certain domestic securities until the return is filed and any tax is paid, and Form T-77 discharges the real-property lien. The Rhode Island estate tax guide walks through the return and the lien discharge.

It does not erase the debts. Section 33-11-5 bars a claim presented more than six months after the first publication of the fiduciary's qualification, and section 33-11-50 blocks a creditor's suit against the personal representative more than two years after that same first publication. Both clocks start at publication, which never happens where no estate is opened. Add § 7-11.1-10(b), which preserves creditors' rights against beneficiaries and transferees, and a family that skipped the court file has skipped the clock that would have ended the exposure.

The Spouse's Life Estate Is The Rhode Island Trade-Off

This is the section other pages leave out, and it changes the arithmetic for married couples.

R.I. Gen. Laws § 33-25-2 says that whenever any person dies leaving a husband or wife surviving, the real estate the decedent owned in fee simple at death descends and passes to that spouse for his or her natural life, subject to existing encumbrances. The section is not limited to people who died without a will. Subsection (b) then supplies the exit: real estate the decedent conveyed before death, with or without consideration, is not subject to that life estate if the instrument was recorded in the land evidence records of the city or town before the death.

Read those two subsections together and the planning picture is clear. A lifetime conveyance recorded before death, whether into a trust or under a § 34-4-2.1 life estate deed, moves the parcel out of probate and out of the surviving spouse's statutory life estate at the same time.

The elective share runs the same way. Section 33-28-1 defines the surviving spouse's elective share as the life estate and allowance in an intestate's real estate titled in the name of the decedent individually at the time of death under §§ 33-1-5 and 33-1-6, plus the share of the decedent's personal estate subject to probate under § 33-1-10. Rhode Island measures the election against individually titled real estate and probate personalty. Property held in a funded trust, in survivorship title, or under a beneficiary form is outside both halves of that measure.

For scale, § 33-1-6 lets the probate court set off up to $150,000 of Rhode Island real estate in fee to a surviving spouse on a petition filed within six months of the first publication, over and above the § 33-1-5 life estate. Section 33-1-10 gives a spouse $50,000 plus half the remaining surplus personalty where there is no issue, or half the surplus where there is issue. A plan that pushes an estate into non-probate channels can leave a surviving spouse with a share of very little. Talk that through with a Rhode Island attorney before you build one, and get any waiver in writing under § 33-28-3.

If the house is going to be sold rather than kept, read the Rhode Island inherited property guide before you list it, because a life estate and an unreleased tax lien both stall a closing.

Documents That Protect You While You Are Alive

Keeping assets out of probate settles what happens after a death. Three documents cover the years before it.

A durable Rhode Island power of attorney lets an agent handle your money and property if you cannot, which heads off a guardianship petition. Rhode Island makes durability a matter of exact wording. Section 34-22-6.1 requires the writing to contain "This power of attorney shall not be affected by the incompetency of the donor", or "This power of attorney shall become effective upon the incompetency of the donor", or similar words showing that intent. Leave those words out and the document dies exactly when it is needed.

A Rhode Island advance directive lets you name someone to make medical decisions once a physician finds you unable to. Rhode Island splits that job across two chapters that never merged, and it has no default next-of-kin surrogate, so the appointment has to be made in writing.

Online accounts are the asset class most plans miss. Chapter 33-27.1 is Rhode Island's Revised Uniform Fiduciary Access to Digital Assets Act, and it decides what a fiduciary may reach. The Rhode Island digital assets guide covers the express authority your documents need.

Putting It Together

A workable Rhode Island checklist is short and mostly free:

  1. Pull the recorded deed and read it against § 34-3-1. Do not assume a married couple holds with survivorship, because Rhode Island presumes the opposite.
  2. Ask whether the house belongs in a funded revocable trust or under a § 34-4-2.1 life estate deed, since Rhode Island offers no beneficiary deed.
  3. If a trust owns the house, record the deed to the trustees and the § 34-4-27 affidavit or memorandum, and record any later amendment or revocation too.
  4. Ask your bank or credit union whether your account is a survivor account under § 19-9-14 or an in-trust-for account under § 19-9-12, and keep the written answer.
  5. Register brokerage accounts in beneficiary form under chapter 7-11.1, and name a contingent beneficiary.
  6. Review the beneficiary designation on every retirement account and insurance policy after any family change.
  7. Budget for the nine-month § 44-23-1 statement and Form RI-706 whether or not anyone opens an estate.
  8. Where a spouse is in the picture, price the § 33-25-2 life estate and the § 33-28-1 elective share into the plan before you sign.

No arrangement removes every step for every family. Where a house, a blended family, a larger estate, Medicaid, or a likely dispute is in the picture, sit down with a licensed Rhode Island attorney before you sign or record anything.

Frequently Asked Questions

Does Rhode Island have a transfer on death deed?

No. Title 34 of the General Laws holds every Rhode Island chapter on property, and its published chapter list runs from chapter 34-1 through chapter 34-50 without a transfer-on-death or beneficiary-deed chapter. Several form sellers publish a Rhode Island transfer-on-death deed template anyway. A Rhode Island owner keeps a house out of Probate Court through a funded revocable trust, a life estate deed under § 34-4-2.1, or survivorship words written into the deed itself.

Do a husband and wife own a Rhode Island house with right of survivorship?

Not automatically. § 34-3-1 says a conveyance to two or more persons, whether they be husband and wife or otherwise, creates a tenancy in common and not a joint tenancy, unless the deed declares the tenancy is joint, runs to those persons and the survivor of them, or otherwise shows that intent. A married couple whose deed lacks those words each own a share that passes through their estate.

What is the fastest way to avoid probate in Rhode Island?

Beneficiary and survivorship designations on accounts. A joint account payable to the survivor under § 19-9-14, an account held in trust for a named person under § 19-9-12, a credit union account under § 19-5-5, a brokerage registration in beneficiary form under chapter 7-11.1, and a named beneficiary on a retirement plan or life insurance policy each move the asset without a court file. They cost nothing and take one form.

If we avoid probate, do we still file anything in Rhode Island?

Yes. § 44-23-1 requires every executor, administrator, and heir-at-law to file a statement with the tax administrator within nine months of the death showing the full and fair cash value of the estate. The Division of Taxation requires Form RI-706 for every decedent dying on or after January 1, 2015, taxable or not, and no filing fee is due for a death on or after January 1, 2025.

Does avoiding probate protect a Rhode Island house from Medicaid recovery?

Rhode Island defines the recoverable estate narrowly. § 40-8-15(a)(2) says estate means all real and personal property and other assets included or includable within the individual's probate estate, and subsection (e) requires a recorded statement of claim before any lien touches real property. Federal transfer and look-back rules apply to lifetime gifts on their own terms, so talk with a licensed Rhode Island elder law attorney before moving property.

This page is general information about Rhode Island estates. Verify anything affecting your own situation with the Probate Court for your city or town or a licensed Rhode Island attorney.

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Information current as of August 2, 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.