Rhode Island: Transfer-on-Death Deed Requirements

Rhode Island does not currently have a transfer-on-death deed for real estate. The
General Assembly considered the Uniform Real Property Transfer on Death Act in both
chambers in 2026, but neither H 7284 nor S 2050 became law. Each bill proposed to
create a new Chapter 33-4.1; that chapter is not part of the current General Laws.

What Rhode Island owners use instead

The ordinary choices are a will, a revocable living trust, or ownership that already
includes a right of survivorship. A will does not avoid probate. Under § 33-5-2, an adult
of sane mind may dispose of “all real estate” by will, and § 33-5-5 requires the will to
be written, signed, and attested by two witnesses who are present at the same time.

A living trust can keep the home outside the probate estate, but the home must actually be
conveyed to the trustee. Section 34-4-27(a) says that property held in trust “shall be
conveyed to the trustees,” and permits an affidavit or memorandum of trust to be recorded.
For notice to third parties, subsection (c) requires a trust amendment or revocation, or its
affidavit or memorandum, to be recorded.

Rhode Island's recording statute reinforces the difference between these tools. Section
34-13-1 accepts deeds and other land-title instruments and instruments creating trusts,
but expressly excepts wills from that trust-instrument category. It also requires an
instrument purporting to affect title to be signed and acknowledged as required for deeds.
None of those general recording rules creates a revocable deed that springs into effect only
at the owner's death.

What trips people up

• A form cannot create a statute. A document labeled “Rhode Island transfer-on-death
  deed” does not gain effect merely because a recorder accepts it. Current law has no
  Chapter 33-4.1 giving that instrument the proposed effect.
• A will still means probate. A properly executed will can name who receives the home,
  but it is not a recorded nonprobate deed.
• A trust must own the home. Signing a trust agreement without conveying the property
  to the trustee leaves the title outside the trust.

Common questions

Did Rhode Island pass a TOD-deed law in 2026? No. H 7284 was held for further study in
the House Judiciary Committee, and S 2050 remained in the Senate Judiciary Committee. The
proposed Chapter 33-4.1 was not enacted.

Can I record an online TOD-deed form anyway? Recording does not make the proposed legal
mechanism exist. An unsupported instrument can create title problems without transferring
the home as intended.

Can my will leave the house to someone? Yes. Section 33-5-2 permits real estate to be
devised by will, but the will must satisfy § 33-5-5 and operates through probate.

How can I avoid probate on the house? A properly funded revocable living trust or an
appropriate survivorship form of ownership may do that. Those choices have different
control, creditor, tax, and Medicaid consequences, so the deed and trust terms matter.

Statutes and sources

• R.I. Gen. Laws § 33-5-2 (real property may be disposed of by will) — https://webserver.rilegislature.gov/Statutes/TITLE33/33-5/33-5-2.htm (accessed 2026-07-12)
• R.I. Gen. Laws § 33-5-5 (will must be written, signed, and attested by two witnesses present at the same time) — https://webserver.rilegislature.gov/Statutes/TITLE33/33-5/33-5-5.htm (accessed 2026-07-12)
• R.I. Gen. Laws § 34-4-27 (conveying real estate to a trust; recording trust memoranda and notice of changes) — https://webserver.rilegislature.gov/Statutes/TITLE34/34-4/34-4-27.htm (accessed 2026-07-12)
• R.I. Gen. Laws § 34-13-1 (recordable land instruments; wills excepted from trust-instrument recording) — https://webserver.rilegislature.gov/Statutes/TITLE34/34-13/34-13-1.htm (accessed 2026-07-12)
• R.I. H 7284 (2026) (failed proposal to create Chapter 33-4.1, the Uniform Real Property Transfer on Death Act) — https://webserver.rilegislature.gov/BillText/BillText26/HouseText26/H7284.pdf (accessed 2026-07-12)