Do I Need a Transfer on Death Deed in Rhode Island?
Answer a few questions about the property to see whether a transfer on death deed applies for avoiding probate on real estate.
Frequently Asked Questions
No. Rhode Island does not currently allow transfer on death deeds. Rhode Island has not adopted the Uniform Real Property Transfer on Death Act or any TOD deed statute. No authority exists in R.I. Gen. Laws Title 34 (Property) or Title 33 (Probate Practice and Procedure). The state’s only transfer-on-death statute, the Uniform Transfer on Death Security Registration Act (R.I. Gen. Laws ch. 7-11.1), covers securities registration, not real property.
Because Rhode Island does not allow TOD deeds, alternatives for avoiding probate on real property include: Revocable living trust, Joint tenancy with right of survivorship, Tenancy by the entirety (married couples). Compare your options with the trust vs. will comparison.
Without a TOD deed option, real property in Rhode Island typically passes through probate unless held in a trust or with joint tenancy. Use the Rhode Island probate calculator to estimate what that would cost.
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Rhode Island Estate Planning Resources
In-depth guides covering Rhode Island probate laws, trust requirements, and estate planning strategies.