Transfer-on-Death Deed Requirements in Rhode Island

At a glance

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)