Transfer-on-death deeds in Rhode Island
Short answer: no. Rhode Island does not recognize transfer-on-death deeds, and recording one may not do what you're hoping. Here is what works here instead.
Rhode Island does not recognize transfer-on-death deeds
Rhode Island has no statute creating them, so one recorded here may have no effect, and if it fails the property goes through probate. We would rather tell you that than sell you a document that may do nothing.
Why Rhode Island has no transfer-on-death deed
Transfer-on-death deeds exist only where a state legislature has created them by statute. 34 states plus the District of Columbia have done so; Rhode Island is not among them. Where no statute provides for one, there is no assurance it would work.
What Rhode Island property owners use instead
There are working alternatives in Rhode Island:
- Rhode Island life estate deed with enhanced powers. Keeps a life estate for you with the power to sell, convey, or mortgage without the people you name (R.I. Gen. Laws § 34-4-2.1). Not a Medicaid planning tool in Rhode Island (§ 40-8-3.1).
- Rhode Island life estate deed. Keeps a life estate for you with the remainder to the people you name. Not revocable.
Other ways to avoid probate in Rhode Island
- A revocable living trust. The most flexible option and the standard answer in states without a TOD deed. It costs more up front (typically $1,000–$3,000) but it covers everything you own, not just one property.
- Survivorship titling. Rhode Island recognizes tenancy by the entirety for married couples, which passes the property to the survivor automatically and can protect it from the creditors of only one spouse; how far that protection goes depends on Rhode Island law.
- Small estates. Rhode Island's small estate procedure covers only personal property worth up to $15,000 (R.I. Gen. Laws § 33-24-1). It cannot transfer a house.
$49, one time. The Rhode Island deed that comes closest to a transfer-on-death deed, with the reservation in the words of R.I. Gen. Laws § 34-4-2.1 and the state's recording rules applied. Read its Medicaid warning first. You read the finished document before you pay.
Common questions
A town office might physically accept and index the document, but recording is not the same as validity. Without a statute authorizing the instrument, there is no assurance a Rhode Island court or title company would give it the effect you intended, and if it failed the property would go through probate. Use one of the alternatives above instead.
34 states plus the District of Columbia: Alaska, Arizona, Arkansas, California, Colorado, Delaware, District of Columbia, Georgia, Hawaii, Illinois, Indiana, Kansas, Maine, Maryland, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Dakota, Ohio, Oklahoma, Oregon, South Dakota, Texas, Utah, Virginia, Washington, West Virginia, Wisconsin, and Wyoming.
For a single property, survivorship titling is the cheapest. It costs one deed and one recording fee. For everything else, a revocable living trust is the standard route: more expensive up front, but it covers your whole estate and stays private. A probate attorney in Rhode Island can tell you which fits your situation in a single consultation.
Keep reading
- Rhode Island life estate deed with enhanced powersKeeps a life estate for you with the power to sell, convey, or mortgage without the people you name (R.I. Gen. Laws § 34-4-2.1). Not a Medicaid planning tool in Rhode Island (§ 40-8-3.1).
- Rhode Island life estate deedKeeps a life estate for you with the remainder to the people you name. Not revocable.
- All Rhode Island deed optionsEverything this state does recognize, with requirements and costs.
Deedly is not a law firm
Its software and documents are not a substitute for the advice of an attorney. We provide self-help software and state-specific deed forms; you make your own decisions about your property. Using Deedly does not create an attorney-client relationship, and nothing here is legal advice. If your situation is complex or contested, talk to a licensed attorney in your state.