AN ACT RELATING TO PROBATE PRACTICE AND PROCEDURE -- UNIFORM REAL PROPERTY TRANSFER ON DEATH ACT (Allows an owner or owners of real property to execute a deed that names one or more beneficiaries who will obtain title to the property at the owner's death without the necessity of probate.)

S2050

2026 -- S 2050
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LC003228
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
____________
A N A C T
RELATING TO PROBATE PRACTICE AND PROCEDURE -- UNIFORM REAL PROPERTY
TRANSFER ON DEATH ACT

Introduced By:
Senators Euer, Appollonio, Famiglietti, E Morgan, McKenney, Valverde,
Quezada, Patalano, and Lauria

Date Introduced:
January 09, 2026

Referred To:
Senate Judiciary
It is enacted by the General Assembly as follows:
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SECTION 1. Title 33 of the General Laws entitled "PROBATE PRACTICE AND
2
PROCEDURE" is hereby amended by adding thereto the following chapter:
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CHAPTER 4.1
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UNIFORM REAL PROPERTY TRANSFER ON DEATH ACT
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33-4.1-1. Short title.
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This chapter shall be known and may be cited as the "Uniform Real Property Transfer on
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Death Act".
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33-4.1-2. Definitions.

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As used in this chapter:
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(1) "Beneficiary" means a person who receives property under a transfer on death deed.
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(2) "Class gift" means a transfer to a group of persons who are classified by their
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relationship to one another or the transferor, and who are not individually named in the transferring
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document.
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(3) "Designated beneficiary" means a person designated to receive property in a transfer
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on death deed.
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(4) "Individual" means a natural person.
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(5)(i) "Joint owner" means an individual who owns property concurrently with one or more
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other individuals with a right of survivorship.

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(ii) "Joint owner" includes a joint tenant, owner of community property with a right of
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survivorship, and tenant by the entirety.
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(iii) "Joint owner" does not include a tenant in common or owner of community property
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without a right of survivorship.
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(6) "Natural person" means a human being.
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(7) "Person" means an individual, corporation, business trust, estate, trust, partnership,
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limited liability company, association, joint venture, public corporation, government or
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governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
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(8) "Property" means an interest in real property located in this state that is transferable on
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the death of the owner.
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(9) "Transfer on death deed" means a deed authorized under this chapter.
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(10) "Transferor" means an individual, in their individual capacity, who makes a transfer
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on death deed.
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33-4.1-3. Applicability.

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This chapter applies to a transfer on death deed made before, on, or after January 1, 2027,
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by a transferor dying on or after January 1, 2027.
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33-4.1-4. Nonexclusivity.

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This chapter does not affect any method of transferring property otherwise permitted under
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the law of this state.
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33-4.1-5. Transfer on death deed authorized.
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(a) An individual may transfer property to one or more named beneficiaries effective at
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the transferor's death by a transfer on death deed.
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(b) A class gift may not be made by a transfer on death deed.
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33-4.1-6. Transfer on death deed revocable.

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A transfer on death deed is revocable even if the deed or another instrument contains a
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contrary provision.
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33-4.1-7. Transfer on death deed nontestamentary.

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A transfer on death deed is nontestamentary.
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33-4.1-8. Capacity of transferor.

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The capacity required to make or revoke a transfer on death deed is the same as that
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required to make a will.
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33-4.1-9. Requirements.

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A transfer on death deed shall:
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(1) Contain the essential elements and formalities of a properly recordable inter vivos deed;

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(2) State that the transfer to the designated beneficiary is to occur at the transferor's death;
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and
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(3) Be recorded before the transferor's death in the public records in the city or town
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recorder's office where the property is located.
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33-4.1-10. Notice, delivery, acceptance, consideration not required.

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A transfer on death deed is effective without:
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(1) Notice or delivery to or acceptance by the designated beneficiary during the transferor's
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life; or
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(2) Consideration.
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33-4.1-11. Revocation by instrument authorized -- Revocation by act not permitted.

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(a) Subject to subsection (b) of this section, an instrument is effective to revoke a recorded
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transfer on death deed, or any part of it, only if the instrument:
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(1) Is one of the following:
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(i) A transfer on death deed that revokes the deed or part of the deed expressly or by
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inconsistency;
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(ii) An instrument of revocation that expressly revokes the deed or part of the deed; or
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(iii) An inter vivos deed that revokes the transfer on death deed or part of the deed expressly
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or by inconsistency; and
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(2) Is acknowledged by the transferor after the acknowledgment of the deed being revoked
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and recorded in the public records in the office of the city or town recorder where the deed is
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recorded before the transferor's death.
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(b) If a transfer on death deed is made by more than one transferor:
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(1) Revocation by a transferor does not affect the deed as to the interest of another
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transferor; and
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(2) A deed of joint owners is revoked only if it is revoked by all of the living joint owners.
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(c) After a transfer on death deed is recorded, it may not be revoked by a revocatory act on
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the deed.
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(d) This section does not limit the effect of an inter vivos transfer of the property.
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(e) Property subject to a revocation of a transfer on death deed shall adeem, and
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nonademption statutes shall be inapplicable to the deed.
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33-4.1-12. Effect of transfer on death deed during transferor's life.

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During a transferor's life, a transfer on death deed does not:
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(1) Affect an interest or right of the transferor or any other owner, including the right to
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transfer or encumber the property;

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(2) Affect an interest or right of a transferee, even if the transferee has actual or constructive
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notice of the deed;
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(3) Affect an interest or right of the transferor's secured or unsecured creditors or future
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creditors, even if they have actual or constructive notice of the deed;
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(4) Affect the transferor's or designated beneficiary's eligibility for any form of public
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assistance;
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(5) Create a legal or equitable interest in favor of the designated beneficiary; or
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(6) Subject the property to claims or process of the designated beneficiary's creditors.
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33-4.1-13. Effect of transfer on death deed at transferor's death.

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(a) Except as otherwise provided in the transfer on death deed and chapter 1.1 of this title,
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on the death of the transferor, the following rules apply to property that is the subject of a transfer
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on death deed and owned by the transferor at death.
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(1) Subject to subsection (a)(2) of this section, the interests in the property are transferred
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to the designated beneficiaries in accordance with the deed.
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(2) The interest of a designated beneficiary is contingent on the designated beneficiary
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surviving the transferor and the interest of a designated beneficiary that fails to survive the
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transferor lapses.
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(3) Subject to subsection (a)(4) of this section, concurrent interests are transferred to the
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beneficiaries in equal and undivided shares with no right of survivorship, unless otherwise specified
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in the transfer on death deed.
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(4) If the transferor has identified two (2) or more designated beneficiaries to receive
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concurrent interests in the property, the share of one that lapses or fails for any reason is transferred
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to the other, or to the others in proportion to the interest of each in the remaining part of the property
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held concurrently.
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(b) A beneficiary takes the property subject to all conveyances, encumbrances,
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assignments, contracts, mortgages, liens, and other interests to which the property is subject at the
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transferor's death. For purposes of this subsection, the recording of the transfer on death deed is
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considered to have occurred at the transferor's death.
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(c) If a transferor is a joint owner and is:
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(1) Survived by one or more other joint owners, the property that is the subject of a transfer
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on death deed belongs to the surviving joint owners with right of survivorship; or
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(2) The last surviving joint owner, the transfer on death deed is effective.
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(d) A transfer on death deed transfers property without covenant or warranty of title even
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if the deed contains a contrary provision.

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(e) Following the death of the transferor, an affidavit shall be recorded in the office of the
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recorder of the city or town in which the affected property is located. Each affidavit shall:
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(1) Contain a legal description of the real property that is affected;
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(2) Reference the entry number and the book and page of the previously recorded transfer
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on death deed; and
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(3) Have attached as an exhibit, a copy of the death certificate or other document issued by
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a governmental agency certifying the transferor's death.
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33-4.1-14. Disclaimer.

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A beneficiary may disclaim all or part of the beneficiary's interest.
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33-4.1-15. Liability for creditor claims and statutory allowances.

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(a) To the extent the transferor's probate estate is insufficient to satisfy an allowed claim
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against the estate or a statutory allowance to a surviving spouse or child, only the estate may enforce
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the liability against property transferred at the transferor's death by a transfer on death deed.
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(b) If more than one property is transferred by one or more transfer on death deeds, the
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liability under subsection (a) of this section is apportioned among the properties in proportion to
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their net values at the transferor's death.
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(c) A probate proceeding to enforce the liability under this section shall be commenced not
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later than twelve (12) months after the transferor's death.
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(d) The estate may expressly waive the estate's claim against the property.
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33-4.1-16. Form of transfer on death deed.

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The following form may be used to create a transfer on death deed. The other sections of
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this chapter govern the effect of this or any other instrument used to create a transfer on death deed:
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(FRONT OF FORM)
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REVOCABLE TRANSFER ON DEATH DEED FORM
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NOTICE TO OWNER -- You should carefully read all information on the other side of
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this form. You May Want to Consult a Lawyer Before Using This Form.
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This form must be recorded before your death, or it will not be effective. The beneficiary
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must be a named person.
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IDENTIFYING INFORMATION -- Owner or Owners Making This Deed:
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_________________________

_____________________________
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Printed name

Mailing address
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_________________________

_____________________________
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Printed name

Mailing address
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Legal description of the property:___________________________________________

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______________________________________________________________________
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PRIMARY BENEFICIARY -- I designate the following beneficiary if the beneficiary
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survives me:
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_________________________

_____________________________
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Printed name

Mailing address, if available
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ALTERNATE BENEFICIARY (Optional) -- If my primary beneficiary does not survive
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me, I designate the following alternate beneficiary if that beneficiary survives me:
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_________________________

_____________________________
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Printed name

Mailing address, if available
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TRANSFER ON DEATH -- At my death, I transfer my interest in the described property
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to the beneficiaries as designated above. Before my death, I have the right to revoke this deed.
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SIGNATURE OF OWNER OR OWNERS MAKING THIS DEED
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_______________________________

__________________

[(SEAL)]
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Signature

Date
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_______________________________

__________________

[(SEAL)]
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Signature

Date
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ACKNOWLEDGMENT (insert acknowledgment for deed here)
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(BACK OF FORM)
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COMMON QUESTIONS ABOUT THE USE OF THIS FORM Q. What does the Transfer
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on Death (TOD) deed do? A. When you die, this deed transfers the described property, subject to
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any liens or mortgages (or other encumbrances) on the property at your death. Probate is not
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required. The TOD deed has no effect until you die. You can revoke it at any time. You are also
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free to transfer the property to someone else during your lifetime. If you do not own any interest in
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the property when you die, this deed will have no effect. Q. How do I make a TOD deed? A.
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Complete this form. Have it acknowledged before a notary public or other individual authorized by
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law to take acknowledgments. Record the form in each city or town where any part of the property
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is located. The form has no effect unless it is acknowledged and recorded before your death. Q. Is
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the "legal description" of the property necessary? A. Yes. Q. How do I find the "legal description"
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of the property? A. This information may be on the deed you received when you became an owner
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of the property. This information may also be available in the office of the city or town recorder
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where the property is located. If you are not absolutely sure, consult a lawyer. Q. Can I change my
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mind before I record the TOD deed? A. Yes. If you have not yet recorded the deed and want to
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change your mind, simply tear up or otherwise destroy the deed. Q. How do I "record" the TOD
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deed? A. Take the completed and acknowledged form to the office of the city or town recorder

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where the property is located. Follow the instructions given by the city or town recorder to make
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the form part of the official property records. If the property is in more than one city or town, you
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should record the deed in each city or town. Q. Can I later revoke the TOD deed if I change my
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mind? A. Yes. The TOD deed is revocable. No one, including the beneficiaries, can prevent you
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from revoking the deed. Q. How do I revoke the TOD deed after it is recorded? A. There are three
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(3) ways to revoke a recorded TOD deed: (1) Complete and acknowledge a revocation form, and
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record it in each city or town where the property is located. (2) Complete and acknowledge a new
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TOD deed that disposes of the same property, and record it in each city or town where the property
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is located. (3) Transfer the property to someone else during your lifetime by a recorded deed that
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expressly revokes the TOD deed. You may not revoke the TOD deed by will. Q. I am being
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pressured to complete this form. What should I do? A. Do not complete this form under pressure.
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Seek help from a trusted family member, a friend, or a lawyer. Q. Do I need to tell the beneficiaries
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about the TOD deed? A. No, but it is recommended. Secrecy can cause later complications and
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might make it easier for others to commit fraud. Q. If I sign a TOD deed and designate my two (2)
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children as beneficiaries, and one of them dies before me, does the interest of my child that dies
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before me pass to his or her children? A. No. Everything will go to your surviving child unless you
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record a new transfer on death deed to state otherwise. If you have questions regarding how to word
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a new transfer on death deed, you are encouraged to consult a lawyer. Q. I have other questions
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about this form. What should I do? A. This form is designed to fit some but not all situations. If
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you have other questions, you are encouraged to consult a lawyer.
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33-4.1-17. Optional form of revocation.

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The following form may be used to create an instrument of revocation under this chapter.
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The other sections of this chapter govern the effect of this or any other instrument used to revoke a
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transfer on death deed.
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(FRONT OF FORM)
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FULL REVOCATION OF TRANSFER ON DEATH DEED
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NOTICE TO OWNER -- This revocation must be recorded before you die or it will not be
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effective. This revocation is effective only as to the interests in the property of owners who sign
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this revocation.
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IDENTIFYING INFORMATION -- Owner or Owners of Property Making This Revocation:
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_________________________

_____________________________
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Printed name

Mailing address
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_________________________

_____________________________
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Printed name

Mailing address

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Legal description of the property:___________________________________________
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______________________________________________________________________
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REVOCATION -- I revoke all my previous transfers of this property by transfer on death
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deed.
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SIGNATURE OF OWNER OR OWNERS MAKING THIS REVOCATION
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_______________________________

__________________

[(SEAL)]
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Signature

Date
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_______________________________

__________________

[(SEAL)]
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Signature

Date
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ACKNOWLEDGMENT (insert acknowledgment here)
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(BACK OF FORM)
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COMMON QUESTIONS ABOUT THE USE OF THIS FORM Q. How do I use this form
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to revoke a Transfer on Death (TOD) deed? A. Complete this form. Have it acknowledged before
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a notary public or other individual authorized to take acknowledgments. Record the form in the
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public records in the office of the city or town recorder where the property is located. The form
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must be acknowledged and recorded before your death or it has no effect. Q. How do I find the
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"legal description" of the property? A. This information may be on the TOD deed. It may also be
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available in the office of the city or town recorder where the property is located. If you are not
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absolutely sure, consult a lawyer. Q. How do I "record" the form? A. Take the completed and
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acknowledged form to the office of the city or town recorder where the property is located. Follow
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the instructions given by the city or town recorder to make the form part of the official property
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records. If the property is located in more than one city or town, you should record the form in each
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of those cities and towns. Q. I am being pressured to complete this form. What should I do? A. Do
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not complete this form under pressure. Seek help from a trusted family member, a friend, or a
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lawyer. Q. Can this form be used for a partial revocation of a previously filed TOD deed? A. No.
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This form is to be used for full revocation of a deed. In the case of a partial revocation, a new TOD
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deed must be filed. Q. I have other questions about this form. What should I do? A. This form is
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designed to fit some but not all situations. If you have other questions, consult a lawyer.
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33-4.1-18. Uniformity of application and construction.

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In applying and construing this uniform act, consideration shall be given to the need to
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promote uniformity of the law with respect to its subject matter among the states that enact it.
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33-4.1-19. Relation to electronic signatures in global and national commerce act.

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This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global
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and National Commerce Act, 15 U.S.C. § 7001, et seq., but does not modify, limit, or supersede §

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101(c) of that act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices
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described in § 103(b) of that act, 15 U.S.C. § 7003(b).
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SECTION 2. This act shall take effect upon passage.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO PROBATE PRACTICE AND PROCEDURE -- UNIFORM REAL PROPERTY
TRANSFER ON DEATH ACT
***
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This act would allow an owner or owners of real property to execute a deed that names one
2
or more beneficiaries who will obtain title to the property at the owner's death without the necessity
3
of probate. The act would apply to a transfer on death deed made before, on, or after January 1,
4
2027, by a transferor dying on or after that date.
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This act would take effect upon passage.
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LC003228
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