What Happens to Jointly Owned Property in Rhode Island When an Owner Dies?
When a joint owner dies in Rhode Island, what the survivor records is the “Affidavit as to family factsR.I. Gen. Laws § 34-13-1(11)Verified Oct 26, 2026View source”.
Rhode Island names the “Affidavit as to family factsR.I. Gen. Laws § 34-13-1(11)Verified Oct 26, 2026View source”. Rhode Island records an affidavit as to family facts, including a date of death, that relates to title to land. A joint tenant's or tenant by the entirety's interest passes to the survivor; the affidavit puts the death on the land evidence recordsR.I. Gen. Laws § 34-13-1(11)Verified Oct 26, 2026View source. The affidavit of death is prepared to the Rhode Island statute's requirements.
Who may sign, in the statute's words: The section names no class of affiant: any person may make the affidavit, and the clerk records it on request of any personR.I. Gen. Laws § 34-13-1Verified Oct 26, 2026View source. The document is sworn before a notary public, who completes the juratR.I. Gen. Laws § 34-13-1(11); R.I. Gen. Laws § 42-30.1-2(22)Verified Oct 26, 2026View source.
What the statute has it state: the date of the deceased owner's death; that the affidavit relates to the title to the land the deceased owner held with the survivorR.I. Gen. Laws § 34-13-1(11)Verified Oct 26, 2026View source.
Filed with the Affidavit as to family factsR.I. Gen. Laws § 34-13-1(11)Verified Oct 26, 2026View source: Form T-77, Discharge of Estate Tax LienR.I. Gen. Laws §§ 44-23-12, 44-23-38; RI Division of Taxation, Estate Tax page and Form T-77 (Rev. 11/2020)Verified Oct 26, 2026View source.
Rhode Island survivorship vestings are joint tenancy and, between spouses, tenancy by the entirety. A conveyance to two or more persons, married or not, creates a tenancy in common unless it declares the tenancy joint, runs to them and the survivors or survivor of them, or plainly intends a joint tenancy; a spouse may convey to self and spouse as tenants by the entiretyR.I. Gen. Laws § 34-13-1(11); R.I. Gen. Laws § 34-3-1; R.I. Gen. Laws §§ 44-23-12, 44-23-38Verified Oct 26, 2026View source.
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Learn moreForms for Settling an Estate in Rhode Island
Free forms for settling an estate in Rhode Island: the probate petition, small estate affidavit, notice to creditors, inventory, and closing forms.
Affidavit of Death
In Rhode Island, a surviving joint owner records the “Affidavit as to family factsR.I. Gen. Laws § 34-13-1(11)Verified Oct 26, 2026View source”.
IRS Form 56
Notify the IRS that you are the fiduciary of an estate, a trust or a person, or end a notice filed before, on the official form.
Digital Assets Recovery Letter
Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.
Petition for Probate and Letters
In Rhode Island, the petition asks the Municipal Probate Court of the city or town where the decedent resided to appoint the personal representative, whose authority is proved by Letters Testamentary or Letters of Administration; every appointment goes through the court.
Notice to Creditors
In Rhode Island, creditors have 6 monthsR.I. Gen. Laws § 33-11-5(a) (six months from the first publication); § 33-11-1 (the probate clerk's first publication of the notice of qualification)Verified Sep 8, 2026View source from first publication to present claims.
Renunciation of Executor
In Rhode Island, a person named as executor may decline to serveR.I. Gen. Laws § 33-8-4; PC-3.4 Acceptance/Declination (Rev. 03/21)Verified Sep 23, 2026View source before anyone is appointed.
Affidavit of Heirship
In Rhode Island, heirs put their identity on the land records with a recorded affidavit of facts affecting title that states who the heirs areR.I. Gen. Laws §§ 34-13-1(11), 34-13-2Verified Sep 24, 2026View source.
Small Estate Affidavit
In Rhode Island, the Voluntary Informal AdministrationR.I. Gen. Laws § 33-24-1Verified Sep 8, 2026View source covers estates with personal property of $15,000R.I. Gen. Laws § 33-24-1Verified Sep 8, 2026View source or less, 30 daysR.I. Gen. Laws § 33-24-1Verified Sep 8, 2026View source after death, filed with the court.
Tools for Settling an Estate in Rhode Island
Free tools for settling an estate in Rhode Island: whether probate is needed, executor and trustee pay, creditor deadlines, and inheritance taxes.
How Many Death Certificates Do I Need?
In Rhode Island, certified death certificates come from the Rhode Island Department of Health - Center for Vital RecordsRhode Island Department of Health - Center for Vital RecordsVerified Oct 15, 2026View source; the first copy costs $22Rhode Island Department of Health - Center for Vital RecordsVerified Oct 15, 2026View source, additional copies $18Rhode Island Department of Health - Center for Vital RecordsVerified Oct 15, 2026View source each.
Do I Need Probate?
In Rhode Island, estates with personal property of $15,000R.I. Gen. Laws § 33-24-1Verified Sep 8, 2026View source or less use the Voluntary Informal AdministrationR.I. Gen. Laws § 33-24-1Verified Sep 8, 2026View source, 30 daysR.I. Gen. Laws § 33-24-1Verified Sep 8, 2026View source after death, a court filing short of full probate.
Do I Have to File Tax Returns for Someone Who Died?
Rhode Island requires a final state income tax return for the decedent alongside the federal Form 1040R.I. Gen. Laws § 44-30-2.6Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
How Do I Settle an Estate?
Settling an estate in Rhode Island: the personal representative files the estate inventory within 90 daysR.I. Gen. Laws §§ 33-9-1, 33-9-4Verified Sep 15, 2026View source of appointment; creditors have 6 monthsR.I. Gen. Laws §§ 33-11-4, 33-11-5, 33-11-5.1, 33-11-5.2, 33-12-11, 33-18-1Verified Oct 19, 2026View source to present claims; a simple estate closes in 6 months to 12 months.
What Do I Do When Someone Dies?
After a death in Rhode Island, the estate either qualifies for the simplified procedure for estates under $15,000R.I. Gen. Laws § 33-24-1Verified Sep 8, 2026View source or goes through probate, where creditors have 6 monthsR.I. Gen. Laws § 33-11-5(a) (six months from the first publication); § 33-11-1 (the probate clerk's first publication of the notice of qualification)Verified Sep 8, 2026View source to file claims after notice.
How Much Are Estate & Inheritance Taxes?
Rhode Island levies an estate taxR.I. Gen. Laws § 44-22-1.1Verified Sep 15, 2026View source above $1,838,056R.I. Gen. Laws § 44-22-1.1Verified Sep 15, 2026View source (top rate 16%R.I. Gen. Laws § 44-22-1.1Verified Sep 15, 2026View source) and no inheritance tax; the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Taxes Apply to My Inheritance?
In Rhode Island, beneficiaries owe no inheritance tax and the estate pays any estate taxR.I. Gen. Laws § 44-22-1.1Verified Sep 15, 2026View source above $1,838,056R.I. Gen. Laws § 44-22-1.1Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 6 months to 12 months for a simple estate.
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