How you can use wills and beneficiary designations to help avoid probate in Rhode Island

Short answer: Some assets can pass to your spouse, partner, or children outside of probate in Rhode Island if you use beneficiary designations, payable-on-death (POD) or transfer-on-death (TOD) accounts, and joint ownership with rights of survivorship. A will controls only assets that are still titled in your name alone at death and generally must be probated to transfer those assets. A revocable trust is another common tool to avoid probate entirely for assets titled in the trust’s name.

Detailed answer — how these tools work under Rhode Island practice

1. What probate is and which assets it affects

Probate is the court-supervised process used to transfer assets that are owned solely in the decedent’s name. In Rhode Island, the Probate Courts handle administration and distribution of estates. For an overview of the Probate Courts and their role, see the Rhode Island Judiciary probate pages: Rhode Island Judiciary — Probate & Guardianship.

2. Beneficiary designations (life insurance, retirement accounts, payable/transfer-on-death registrations)

Accounts and contracts that include a named beneficiary generally pass directly to the named beneficiary outside of probate. Typical examples:

Life insurance proceeds
Employer-sponsored retirement plans and IRAs (subject to plan rules and federal tax law)
Payable-on-death (POD) bank accounts
Transfer-on-death (TOD) registrations for brokerage accounts

Because beneficiary designations operate by contract or account registration, they often control who receives the asset even if a will says something different. That is why it’s critical to keep beneficiary designations current and coordinated with your estate plan.

3. Joint ownership and rights of survivorship

Property owned jointly with rights of survivorship (for example, joint tenancy) generally passes automatically to the surviving owner without probate. This applies to some real estate (if deeded as joint tenants with right of survivorship) and many bank or brokerage accounts titled as joint accounts. Joint ownership can be an effective probate-avoidance tool, but it has trade-offs (see pitfalls below).

4. Wills and probate in Rhode Island

A will expresses your wishes for property that remains in your individual name at death. To transfer those assets to beneficiaries, the will typically must be submitted to Rhode Island Probate Court for probate proceedings. See Rhode Island statutes and laws governing wills and probate at the Rhode Island General Laws site, Title 33 (Wills and Administration): R.I. General Laws — Title 33.

5. Revocable living trusts

A revocable living trust allows you to retitle assets into the trust while you are alive. If you transfer ownership of property (bank accounts, brokerage accounts, some real estate, etc.) into the trust, the trust document usually directs distribution at death and those assets commonly avoid probate. A trust requires careful funding (retitling assets) to work.

6. Real estate and “TOD” deeds

Some states have statutes that allow a transfer-on-death deed (also called beneficiary deed) to pass real estate outside probate. Rhode Island’s statutes and practices are different from other states; check the Rhode Island General Laws and consult the Probate Court or an attorney before relying on any deed-based transfer method. See Rhode Island statutes at: R.I. General Laws and consult the Probate Court: Rhode Island Judiciary — Probate & Guardianship.

7. Which approach is best?

There is no one-size-fits-all answer. Common approaches in Rhode Island combine tools:

Use beneficiary designations for life insurance and retirement accounts.
Use POD/TOD registrations for bank and brokerage accounts when appropriate.
Consider a revocable living trust to avoid probate for many assets (and retitle assets into the trust).
Use a will to appoint a personal representative and to dispose of any remaining probate assets (also handle guardianship directions for minor children).

Practical, step-by-step actions to implement your plan in Rhode Island

Make an inventory of assets and list current title and beneficiaries (bank accounts, retirement plans, life insurance, real property, investments, vehicles).
Confirm beneficiary designations and update forms with institutions where needed. Remember retirement plan rules and federal tax consequences for retirement account beneficiaries.
Decide whether to retitle accounts or property into joint ownership, POD/TOD registrations, or into a revocable trust. Each choice has pros and cons.
Prepare a will that covers any assets not transferred outside probate and names a personal representative (executor) and guardians for minors if relevant.
If you choose a trust, transfer (fund) assets into the trust name—unfunded trusts do not avoid probate for the unfunded assets.
Keep records and provide trusted persons with location of documents; review beneficiary designations after major life events (marriage, divorce, birth, death, move to another state).

Common pitfalls and cautions

Beneficiary designations usually override a will. If you name someone as beneficiary on a retirement account, that account will generally pass to the beneficiary regardless of what your will says.
Joint ownership can expose assets to co-owner’s creditors and may create unintended inheritance results.
Trusts only avoid probate if you retitle assets into the trust while you are alive.
Some assets (for example, certain small-value estates or vehicle registrations) have simplified probate or transfer procedures under Rhode Island law—check the Probate Court for forms and thresholds.
Tax considerations (estate tax, income tax on retirement accounts) can affect the best choice of beneficiary or vehicle. Federal and state tax rules can be complex.

When to consult an attorney

Talk with an estate planning attorney if you have any of the following:

Significant assets, complicated ownership (businesses, out-of-state property).
Blended family situations, special needs beneficiaries, or minor children.
Desire to minimize estate taxes or to plan for Medicaid eligibility.
Uncertainty about how to retitle assets or how beneficiary rules apply to specific accounts.

Helpful Rhode Island resources

Rhode Island Judiciary — Probate & Guardianship: https://www.courts.ri.gov/Courts/ProbateGuardianship/Pages/default.aspx
Rhode Island General Laws (statutes index): https://webserver.rilegislature.gov/Statutes/ (see Title 33 for statutes related to wills, estates, and administration)
IRS resources on retirement plan distributions and beneficiaries: https://www.irs.gov/retirement-plans

Helpful Hints

Make a short summary page that lists each asset, current owner/title, and named beneficiary. Keep it with your estate documents.
Review beneficiary designations annually and after major life events (marriage, divorce, births, deaths).
Don’t rely on a will alone if your goal is to avoid probate; check account titles and beneficiary forms.
If you use a trust, confirm that key assets have been retitled into the trust.
When adding a joint owner, understand creditor and tax exposure—joint ownership is not a substitute for careful estate planning.
Keep digital account access information and list where physical original documents (original will, trust) are stored.
Ask financial institutions whether they offer POD/TOD forms and how they handle beneficiary changes.

Disclaimer: This information is educational only and not legal advice. It summarizes common estate-planning tools and Rhode Island resources. Laws change and each person’s situation is unique. For advice tailored to your circumstances, consult a licensed Rhode Island attorney.