WeVote
Log In

Bill

Bill

SB 2050

AN ACT RELATING TO PROBATE PRACTICE AND PROCEDURE -- UNIFORM REAL PROPERTY TRANSFER ON DEATH ACT

2026 Regular Session Introduced by Pete Appollonio and 8 co-sponsors

Allows real property in Rhode Island to transfer to named beneficiaries automatically at the owner's death via a transfer on death deed, potentially avoiding probate.

06/09/2026 Senate passed as amended (floor amendment)
0
WeVote Research Nonpartisan
Bill Summary · SB 2050

Summary of Bill SB 2050 (Rhode Island, 2026)

Title

AN ACT RELATING TO PROBATE PRACTICE AND PROCEDURE -- UNIFORM REAL PROPERTY TRANSFER ON DEATH ACT

Purpose and overall intent

  • Establishes Rhode Island's adoption of the Uniform Real Property Transfer on Death Act (TOD Act).
  • Allows owners of real property in Rhode Island to transfer title to designated beneficiaries automatically at the owner's death, via a transfer on death deed (TOD deed), thereby potentially avoiding probate.
  • The act applies to TOD deeds made before, on, or after January 1, 2027, for transfers occurring for transferors dying on or after January 1, 2027.
  • The act takes effect upon passage.

Key provisions and changes

Definitions and structure

  • Creates Chapter 33-4.1: Uniform Real Property Transfer on Death Act.
  • Defines key terms:
    • Beneficiary, designated beneficiary, individual, natural person, person, property (real property in RI transferable on death), transfer on death deed, transferor, joint owner, class gift, etc.
  • Clarifies that TOD deeds are non-testamentary and revocable.

Applicability and limits

  • Applies to TOD deeds for real property located in Rhode Island.
  • TOD deeds may name one or more beneficiaries and cannot create a class gift (i.e., no grouping of beneficiaries by class; must name individuals).

Form and requirements

  • TOD deed must meet essential elements of a recordable inter vivos deed.
  • Must state that the transfer to the designated beneficiary occurs at the transferor’s death.
  • Must be recorded in the public records in the city/town where the property is located before the transferor’s death.

Revocation and life status

  • TOD deed is revocable even if the deed states otherwise.
  • Revocation rules:
    • A TOD deed can be revoked by a specific revocation instrument, or by executing a new TOD deed that disposes of the same property, or by an inter vivos transfer that expressly revokes the TOD deed.
    • If there are multiple transferors, revocation effects apply only to the interests of the revoking transferor; all living co-owners must revoke to affect the entire deed.
    • After recording, TOD deeds cannot be revoked by a revocatory act on the deed itself (no retroactive revocation by a simple act).

Effect during the transferor’s life

  • The TOD deed does not affect:
    • The transferor’s rights to control, transfer, or encumber the property.
    • Interests of any transferees during the transferor’s life.
    • Public benefits eligibility or creditors’ interests during the transferor’s life.

Effect at the transferor’s death

  • Upon death, designated beneficiaries receive the property per the TOD deed, subject to:
    • Any encumbrances, liens, contracts, or other interests on the property at death.
    • Survivorship rules: if multiple designated beneficiaries are named for concurrent interests, the surviving beneficiary/beneficiaries inherit according to the specified shares; if one beneficiary lapses, the remaining share passes to the others per the deed.
    • Joint owners: if the transferor is a joint owner, surviving joint owners may take the property with right of survivorship; if last surviving, TOD becomes effective.
    • The transfer is conveyed without Covenant or warranty of title, even if the TOD deed states otherwise.

Affidavits and post-death filings

  • After death, an affidavit must be recorded containing a legal description, reference to the TOD deed, and a copy of the death certificate or equivalent.

Liability and creditors

  • If the probate estate is insufficient to satisfy certain allowed claims or statutory allowances, only the estate may enforce liability against property transferred by TOD deeds.
  • If multiple properties are involved, liability is apportioned proportionally to net values.
  • Probate enforcement must commence within 12 months after the transferor’s death.
  • The estate may expressly waive its claim against the TOD-transferred property.

Forms

  • Provides a fillable TOD deed form (front and back) with guidance and common questions.
  • Also provides an optional full revocation form to revoke the TOD deed.

Uniformity and federal law interaction

  • Requires application to promote uniformity with other states enacting the act.
  • Addresses interaction with the federal Electronic Signatures in Global and National Commerce Act (EFG/ESIGN) but preserves some aspects of federal law.

Who is affected

  • Property owners in Rhode Island seeking to transfer real property at death to named beneficiaries without probate.
  • Designated beneficiaries named in TOD deeds.
  • Co-owners and joint owners of property, who are affected by the survivorship rules and revocation mechanics.
  • Probate estates and creditors, which may have limited liability exposure for TOD-transferred property.

Procedural and timeline aspects

  • Effective date: the act takes effect upon passage.
  • Applicability to TOD deeds: may be used for deeds made before, on, or after January 1, 2027, with death occurring on or after January 1, 2027.
  • Revocation and recording requirements: revocation or new TOD deeds must be properly acknowledged and recorded in each relevant city/town recorder’s office.
  • Post-death affidavit filing: required filings to evidence transfer and designation.

Notes

  • The bill was recommended for further study by the committee (as of action history) and has multiple sponsors.
  • The act supplements, not replaces, other transfer methods, and TOD deeds do not cure the need for probate in other circumstances.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.