Revocable Living Trusts in Rhode Island
How revocable living trusts work under Rhode Island law and the other ways to pass property without probate.
Short answer: Rhode Island has not adopted the Uniform Trust Code. Its fiduciary statutes (Title 18) address particular trust topics, such as trustee powers, accounting, spendthrift trusts, qualified dispositions in trust, and the Uniform Testamentary Additions to Trusts Act (which allows a will to… R.I. Gen. Laws Title 18 (chapters 18-4, 18-6, 18-9.1, 18-14)
| Revocable living trust | Rhode Island has not adopted the Uniform Trust Code. Its fiduciary statutes (Title 18) address particular trust topics, such as trustee powers, accounting, spendthrift trusts, qualified dispositions in trust, and the Uniform Testamentary Additions to Trusts Act (which allows a will to 'pour over' property into an existing trust), while the creation, revocation and amendment of a revocable living trust are governed largely by court decisions and the trust document itself. Property transferred to the trustee during life passes under the trust terms at death without probate; property left in the decedent's own name generally must go through the city or town probate court. |
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| Ways to avoid probate | 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. 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 |
More Rhode Island estate law
- Medical Power of Attorney in Rhode Island
- Small Estate Affidavit in Rhode Island
- Power of Attorney in Rhode Island
- Quitclaim Deeds and Transferring Property in Rhode Island
- Who Inherits If You Die Without a Will in Rhode Island
- How to Make a Valid Will in Rhode Island
- How Probate Works in Rhode Island
- Living Wills and Advance Directives in Rhode Island
- Executor Duties in Rhode Island
- Letters Testamentary in Rhode Island
- Affidavit of Heirship in Rhode Island
- How to Avoid Probate in Rhode Island
- Transferring a Car After Someone Dies in Rhode Island
- All Rhode Island wills, probate and estate rules
FAQ
How do living trusts work in Rhode Island?
Rhode Island has not adopted the Uniform Trust Code. Its fiduciary statutes (Title 18) address particular trust topics, such as trustee powers, accounting, spendthrift trusts, qualified dispositions in trust, and the Uniform Testamentary Additions to Trusts Act (which allows a will to 'pour over' property into an existing trust), while the creation, revocation and amendment of a revocable living trust are governed largely by court decisions and the trust document itself. Property transferred to the trustee during life passes under the trust terms at death without probate; property left in the decedent's own name generally must go through the city or town probate court.
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.
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.