Do I Need a Vehicle Transfer on Death Designation in Rhode Island?
Answer a few questions about how your vehicle is titled to see whether a transfer-on-death designation applies for avoiding probate on a vehicle.
Frequently Asked Questions
No. Rhode Island does not offer a vehicle transfer-on-death designation. Rhode Island has not enacted a transfer-on-death (TOD) or beneficiary designation for motor vehicle certificates of title. Title 31, Chapter 31-3.1 (Certificates of Title and Security Interests) has no provision for issuing a title in beneficiary form. The sole death-transfer statute, RI Gen. Laws 31-3.1-37, passes title to the surviving spouse on the owner's death (unless the will provides otherwise); it does not allow an owner to name a TOD beneficiary on the title in advance.
Because Rhode Island does not offer a vehicle TOD designation, the vehicle transfers through: Surviving-spouse transfer: under RI Gen. Laws 31-3.1-37, a motor vehicle passes to the surviving spouse (unless the will provides otherwise). The DMV requires the title in the deceased spouse's name, the current registration, and an original death certificate; the surviving spouse signs the title as both buyer and seller. The DMV states that no costs are associated with this transaction, and that the no-cost policy applies only to spouses., Probate transfer: when an executor/administrator is appointed, the DMV accepts the original Notice of Appointment from Probate Court, and the executor/administrator signs the title as seller to transfer the vehicle., Sole Heir Affidavit (next of kin, adult children, or parents of the deceased, where there is no surviving spouse and no executor): a completed Sole Heir Affidavit replaces the title assignment, submitted with the certificate of title and the original death certificate., Small-estate transfer: where there are no survivors and no executor, a Voluntary Executor under the small-estate statute (RI Gen. Laws 33-24.1), obtained at the city or town hall, may transfer the vehicle with the title and original death certificate.. To keep other assets out of probate, SimplyTrust sets up a revocable trust online.
Without a vehicle TOD option, a Rhode Island vehicle typically passes through the estate unless it is jointly titled or held in a trust, or qualifies for a small-estate transfer. Compare your options with the trust vs. will comparison.
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