All Laws Decoded

How to Avoid Probate in Rhode Island

The legal ways to pass property outside probate in Rhode Island: transfer-on-death deeds, payable-on-death accounts, trusts, joint ownership and small estates.

Short answer: Non-probate transfers available in Rhode Island: (1) No transfer-on-death deed statute for real estate. (2) Multiple-party deposit accounts, including joint accounts and payable-on-death accounts with named beneficiaries (R.I. Gen. R.I. Gen. Laws § 19-9-14.1; ch. 7-11.1; § 33-24-1

Ways to avoid probateNon-probate transfers available in Rhode Island: (1) No transfer-on-death deed statute for real estate. (2) Multiple-party deposit accounts, including joint accounts and payable-on-death accounts with named beneficiaries (R.I. Gen. Laws § 19-9-14.1). (3) Transfer-on-death registration of securities under the Uniform Transfer on Death Security Registration Act (R.I. Gen. Laws ch. 7-11.1). (4) Small estate (voluntary administration) for estates of personal property worth no more than $15,000, not counting tangible personal property (R.I. Gen. Laws § 33-24-1). (5) Surviving spouses, and heirs using the DMV Sole Heir Affidavit, can transfer vehicles without probate (RI DMV). (6) Revocable living trust.
TOD securities: https://webserver.rilegislature.gov/Statutes/TITLE7/7-11.1/INDEX.htm; small estates: https://webserver.rilegislature.gov/Statutes/TITLE33/33-24/33-24-1.htm
Small estate affidavitIf an estate is made up entirely of personal property worth no more than $15,000 (not counting the decedent's tangible personal property), a relative (spouse, child, grandchild, parent, sibling, niece, nephew, aunt or uncle) or other interested person who is an adult Rhode Island resident may file a verified statement with the probate court once 30 days have passed since death and no petition for letters has been filed. The filer becomes a voluntary administrator who collects the assets, pays funeral and other debts in the order set by law, and distributes the rest. The filing fee is $30 and the certificate of appointment is $5. Real estate is not covered.
Limit last amended by P.L. 2011, ch. 363.
Transfer-on-death deedRhode Island's probate title (Title 33) contains no transfer-on-death deed chapter; proposed Uniform Real Property Transfer on Death Act bills have been introduced but are not part of the General Laws.
Check for new legislation before relying on this.

More Rhode Island estate law

FAQ

How can you avoid probate in Rhode Island?
Non-probate transfers available in Rhode Island: (1) No transfer-on-death deed statute for real estate. (2) Multiple-party deposit accounts, including joint accounts and payable-on-death accounts with named beneficiaries (R.I. Gen. Laws § 19-9-14.1). (3) Transfer-on-death registration of securities under the Uniform Transfer on Death Security Registration Act (R.I. Gen. Laws ch. 7-11.1). (4) Small estate (voluntary administration) for estates of personal property worth no more than $15,000, not counting tangible personal property (R.I. Gen. Laws § 33-24-1). (5) Surviving spouses, and heirs using the DMV Sole Heir Affidavit, can transfer vehicles without probate (RI DMV). (6) Revocable living trust.
What is the small estate limit in Rhode Island?
If an estate is made up entirely of personal property worth no more than $15,000 (not counting the decedent's tangible personal property), a relative (spouse, child, grandchild, parent, sibling, niece, nephew, aunt or uncle) or other interested person who is an adult Rhode Island resident may file a verified statement with the probate court once 30 days have passed since death and no petition for letters has been filed. The filer becomes a voluntary administrator who collects the assets, pays funeral and other debts in the order set by law, and distributes the rest. The filing fee is $30 and the certificate of appointment is $5. Real estate is not covered.
Does Rhode Island allow transfer-on-death deeds?
Rhode Island's probate title (Title 33) contains no transfer-on-death deed chapter; proposed Uniform Real Property Transfer on Death Act bills have been introduced but are not part of the General Laws.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.