How Does Step-Up in Basis Work in Rhode Island?
Inherited assets in Rhode Island take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces ordinary income tax at the state's regular ratesR.I. Gen. Laws § 44-30-2.6 (Rhode Island taxable income — Rate of tax); (b) reaches "residents and nonresidents, including estates and trusts"; (c)(2)(A) is the current bracket scheduleVerified Sep 15, 2026View source.
When someone dies, the cost basis of the property they leave is reset to its fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source under IRC § 1014. A later sale is taxed on the gain above that stepped-up basis, not above what the original owner paid, so the appreciation of the owner's lifetime is never taxed. The rule is federal and applies in Rhode Island as in every state.
State capital gains tax is a separate layer from the federal tax. After the step-up, the gain on a later sale faces ordinary income tax at the state's regular ratesR.I. Gen. Laws § 44-30-2.6 (Rhode Island taxable income — Rate of tax); (b) reaches "residents and nonresidents, including estates and trusts"; (c)(2)(A) is the current bracket scheduleVerified Sep 15, 2026View source. Rhode Island's top marginal income tax rate is 5.99%R.I. Gen. Laws § 44-30-2.6Verified Sep 20, 2026View source. The step-up still matters: it sets the gain on which both the federal and the state tax are figured.
For the capital gains tax, inheriting is usually better than receiving a lifetime gift. Inherited property takes a basis reset to fair market value at death26 USC § 1014Verified Sep 15, 2026View source under IRC § 1014; a gift carries the donor's original basis26 USC § 1015(a)Verified Sep 15, 2026View source under IRC § 1015. Stock bought for $10,000 and worth $200,000 carries a $190,000 gain to the recipient of a gift and none to an heir. Property held in a revocable living trust still receives the step-up at the grantor's death.
No. Inherited property is treated as held long-term from the date of death26 USC § 1223(9)Verified Sep 15, 2026View source under IRC § 1223(9), whatever the actual holding period, so a sale the day after the inheritance is taxed at the federal long-term rates of 0%, 15%, or 20%IRC § 1(h); IRS Topic No. 409Verified Sep 15, 2026View source on any gain above the stepped-up basis, plus the Rhode Island layer. Short-term ordinary-income rates never apply.
The new basis is the fair market value on the date of death26 USC § 1014(f), § 6035; IRS Pub. 551 (Basis of Assets); Form 8971 / Schedule AVerified Sep 15, 2026View source, and IRS Publication 551 sets the standard for each asset class: for a publicly traded security the average of the high and low prices that day, for real estate a qualified appraisal as of that date, for a privately held business interest an independent valuation (required where a federal estate tax return is filed). The valuation is what substantiates the basis on Schedule D when the heir sells.
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Inheritance
Inheriting assets brings responsibility. How to manage, protect, and plan for inherited wealth — including tax implications and trust options.
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Death of a Parent
A step-by-step guide to what happens after a parent dies: the documents to find, the certificates to order, and whether probate is even required.
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Loss of a Spouse
What a surviving spouse needs to do: death certificates, survivor benefits, whether probate is even required, and the tax election that expires.
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Named as Trustee
Being named trustee means managing trust assets and carrying out the grantor's wishes. Your duties, timeline, compensation, and how to get started.
Learn moreForms for Planning and Settling an Estate in Rhode Island
Free Rhode Island forms for planning an estate or settling one: a will, trust, powers of attorney, TOD deed, and the probate forms an executor files.
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, the notice to creditors is published for 2R.I. Gen. Laws §§ 33-11-4, 33-11-5, 33-11-5.1, 33-12-11, 33-22-11Verified Sep 15, 2026View source weeks in a local newspaper, and creditors have 6 monthsR.I. Gen. Laws § 33-11-5(a) (claims presented within six months from the first publication); § 33-11-1 (the period is reckoned from the probate clerk's first publication of the notice of qualification of the personal representative)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.
Estate Inventory
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.
Estate Closing
In Rhode Island, the personal representative is discharged by court orderR.I. Gen. Laws § 33-14-11Verified Sep 15, 2026View source, and a final accounting is required unless it is waived.
Tools for Planning and Settling an Estate in Rhode Island
Free calculators and checklists for planning or settling an estate in Rhode Island: will and trust costs, probate, executor pay, and inheritance taxes.
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.
What Are the Estate Laws in My State?
Probate on a $500,000 estate in Rhode Island costs an estimated $28,582R.I. Gen. Laws (no statutory schedule; court discretion applies)Verified Sep 8, 2026View source and takes 6 months to 12 months for a simple estate, with attorney fees of typically 2.1%R.I. Gen. Laws (no statutory schedule; court discretion applies)Verified Sep 8, 2026View source to 3.4%R.I. Gen. Laws (no statutory schedule; court discretion applies)Verified Sep 8, 2026View source of the estate. Estates under $15,000R.I. Gen. Laws § 33-24-1Verified Sep 8, 2026View source can use a small-estate procedure instead.
When Do I Have to Withdraw an Inherited IRA?
See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.
How Much Does Probate Cost?
Probate on a $500,000 estate in Rhode Island costs an estimated $28,582R.I. Gen. Laws (no statutory schedule; court discretion applies)Verified Sep 8, 2026View source. Attorney fees run 2.1%R.I. Gen. Laws (no statutory schedule; court discretion applies)Verified Sep 8, 2026View source to 3.4%R.I. Gen. Laws (no statutory schedule; court discretion applies)Verified Sep 8, 2026View source of the estate under a reasonable-compensation standard.
Who Inherits Without a Will?
Without a will in Rhode Island, descendants divide what passes to them per stirpesR.I. Gen. Laws §§ 33-1-1, 33-1-7, 33-1-10Verified Sep 10, 2026View source, and an heir must survive the decedent by 120 hoursR.I. Gen. Laws § 33-1-13Verified Sep 10, 2026View source to inherit.
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.
Rhode Island Estate Planning Resources
In-depth guides covering Rhode Island probate laws, trust requirements, and estate planning strategies.
