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Transfer-on-Death Deeds · Rhode Island

Rhode Island Transfer-on-Death Deed

Can you pass a Rhode Island home to your heirs outside probate with a transfer-on-death deed? No — Rhode Island does not offer a transfer-on-death deed for real property. This page explains why, and the verified alternatives Rhode Island families use instead.

Written by TTA Editorial

Published July 26, 2026 · Last verified July 26, 2026 · Update policy: reviewed at least annually and on change in law; statutory tables re-verified each legislative session

At a glance

TOD / beneficiary deedNot available
InstrumentNone — not available for real property
Governing lawNo TOD-deed statute — 2025 bill (S 0141) died in committee; verify with the municipal land-evidence records / an attorney
Community-property stateNo

Why Rhode Island has no TOD deed

Rhode Island does not authorize a transfer-on-death deed for real estate. Title 34 of the Rhode Island General Laws (Property) contains no Uniform Real Property Transfer on Death Act chapter as of July 2026, and Rhode Island's transfer-on-death mechanism is limited to securities under the Uniform Transfer on Death Security Registration Act (R.I. Gen. Laws ch. 7-11.1).

A bill to adopt the Uniform Real Property Transfer on Death Act (2025 Senate Bill S 0141) was introduced but died in the Senate Judiciary Committee in 2025 without becoming law; a similar 2024 measure also failed. Because the bill was never enacted, its proposed January 1, 2026 application date has no legal effect.

To transfer Rhode Island real property outside probate, owners must use another recognized instrument rather than a TOD/beneficiary deed.

What to use instead

Because Rhode Island offers no transfer-on-death deed, families keep a home out of probate with other tools. Common alternatives include:

  • Revocable living trust holding the real property
  • Joint tenancy or tenancy by the entirety with right of survivorship
  • Life estate deed (reserving a life estate, remainder to heirs)

Mortgages, Medicaid & community property

Existing mortgages and liens

Not applicable to a TOD deed here. Under whatever alternative is used, Rhode Island real property passes subject to existing mortgages, liens, and tax obligations; survivorship and trust transfers do not clear secured debt.

Medicaid estate recovery

With no real-property TOD deed available, this route is not an option in Rhode Island. Owners weighing alternatives should note that Rhode Island's Medicaid estate recovery, administered by the Executive Office of Health and Human Services, pursues recovery from the estates of deceased long-term-care recipients; how any chosen tool interacts with recovery should be confirmed with EOHHS and an attorney licensed in Rhode Island.

Community property

Rhode Island is a common-law (separate-property) state. Rhode Island is a common-law (separate-property) state, not a community-property state. Married couples frequently hold real property as joint tenants or tenants by the entirety with a right of survivorship, which passes the property to the survivor outside probate and is commonly used where a TOD deed is unavailable.

State-specific quirks

The 2025 bill died — it is not law

Rhode Island's S 0141 (2025) would have adopted the Uniform Real Property Transfer on Death Act with a January 1, 2026 application date, but it died in committee and was never enacted. Online summaries that quote that date can create a false impression that TOD deeds are now available in Rhode Island; they are not.

TOD exists only for securities

Rhode Island allows transfer-on-death registration for securities (R.I. Gen. Laws ch. 7-11.1) but has no equivalent for real property. The shared 'TOD' terminology does not extend a beneficiary designation to a house or land.

Sources & methodology

Methodology & sources

A current primary-source transfer-on-death deed statute could not be confirmed for Rhode Island. Check the rule with the county recorder or an attorney licensed in Rhode Island. Cited rules link to the state code or legislature when available, otherwise to a codified copy of the state code. Deed-form vendors and roundups are not sources. See our editorial standards.

General information, not legal advice. Medicaid estate recovery, mortgage terms, and co-ownership can affect whether a transfer-on-death deed works as intended. An attorney licensed in Rhode Island can assess your situation.

Last verified July 26, 2026.