Detailed Answer
Short answer: In most cases under Rhode Island practice, assets that pass automatically to another person by right of survivorship (for example, a joint bank account or real estate held in joint tenancy with right of survivorship) are not part of the decedent’s probate estate and therefore generally are not included as estate assets on the formal probate inventory. However, you should still identify and document those nonprobate assets for the court or the estate’s accounting in many situations, and there are important exceptions.
Why most survivorship assets are not listed as estate assets
When title to property designates a right of survivorship, ownership automatically shifts to the surviving co-owner at death. Because title passes outside the probate process, that property typically is not subject to administration and does not become estate property that the personal representative must distribute under the will or by intestacy.
Common examples
- Bank or brokerage accounts titled jointly with your mother as joint tenants with right of survivorship (JTWROS) — proceeds usually pass to the survivor.
- Real estate titled as joint tenants with right of survivorship — the surviving owner succeeds to full title immediately at death.
- Payable-on-death (POD) or transfer-on-death (TOD) designations — these transfer outside probate to the named beneficiary.
When you should still report survivorship assets
Although you generally do not include those assets as part of the estate inventory of probate assets, you should:
- Disclose the existence of nonprobate assets to the probate court where required by local forms or instructions. Rhode Island Probate Court forms and local clerk instructions may ask you to list nonprobate transfers separately. See Rhode Island Probate Forms and Instructions: Rhode Island Judiciary — Probate Forms.
- Document title and account statements that show survivorship ownership and the date of death. Keep certified death certificates and account title documents ready.
- Report survivorship transfers when preparing an estate accounting, responding to creditor claims, or completing tax or Medicaid paperwork — some claims and obligations may still affect surviving joint property in limited circumstances.
Important exceptions and situations that can change the result
Do not assume automatic pass-through in every situation. You should consider the following exceptions:
- Suspected fraudulent or sham joint tenancy. If the joint ownership was created to evade creditors or to defeat a rightful claim, a Rhode Island probate court could look behind the title and treat the asset as part of the estate.
- Evidence of a resulting trust or different intent. If the decedent never intended the co-owner to have a full survivorship interest, the court may find that the co-owner holds the asset in trust for the estate.
- Assets used by the estate or titled in the decedent’s sole name at death. Those must be listed on the inventory.
- State-specific rules for claims against the estate, taxes, or Medicaid recovery may require additional disclosure or may allow recovery from nonprobate assets in certain circumstances.
Practical example (hypothetical)
Hypothetical facts: Your mother and your uncle held a bank account as joint tenants with right of survivorship. Your uncle died. The bank account’s title names both individuals and the bank paid the account to your mother on presentation of the death certificate.
Application: That account typically will not be part of your uncle’s probate estate and does not belong on the inventory of probate assets as property of the estate. However, when you file probate forms you should:
- Note the account and state that it passed to the surviving joint owner by right of survivorship;
- Attach the bank statement and death certificate to show the transfer; and
- Keep evidence that the funds left the decedent’s probate estate so that creditors or the court understand why it is not being administered.
How to proceed step-by-step in Rhode Island
- Gather title documents and recent account statements for every potentially affected asset.
- Obtain certified copies of the decedent’s death certificate.
- Review Rhode Island Probate Court forms and instructions for inventories and accountings at the Rhode Island Judiciary site: Rhode Island Probate Forms.
- Prepare the probate inventory listing all assets that were owned solely by the decedent at death. For assets that passed outside probate, prepare a separate schedule or notation explaining the survivorship transfer and include supporting documentation.
- If there is any question about ownership or intent (for example, the decedent added a joint owner shortly before death), discuss the facts with the probate clerk or consult an attorney before filing.
Where to look for Rhode Island rules and help
Rhode Island’s probate courts provide forms and filing instructions online. Start with the Rhode Island Judiciary’s probate forms page and contact the local probate clerk for procedural questions: https://www.courts.ri.gov/Forms/Pages/ProbateForms.aspx. For statute searches or text of state law, use the Rhode Island General Assembly website: https://www.rilegislature.gov/.
Bottom line: Do not include survivorship property among the probate assets on the estate inventory as if it belonged to the estate, but do disclose and document those nonprobate transfers as the probate court’s forms or a fiduciary accounting may require. If there is any dispute about whether title actually passed by survivorship, or if there are creditor, tax, or Medicaid concerns, get advice from a Rhode Island probate attorney.
Helpful Hints
- When preparing an inventory, separate probate property (must be administered) from nonprobate property (passed by survivorship, POD, TOD, or trust).
- Keep copies of account statements that show joint titling and date-stamped correspondence with financial institutions.
- Obtain multiple certified death certificates — banks and courts often require originals or certified copies.
- If someone was added as a joint owner shortly before death, treat the situation as suspicious until proven otherwise; document the circumstances and consider legal advice.
- File a short written statement with the probate court listing nonprobate transfers if the local forms ask for it — this reduces later disputes from creditors or heirs.
- Remember: even if property bypasses probate, it can still affect estate taxes, Medicaid eligibility, and creditor claims—don’t ignore it.
- When in doubt, call the probate clerk for guidance on local filing practices, and consider a brief consultation with a Rhode Island probate attorney to avoid costly mistakes.
Disclaimer: This article is for general informational purposes only and does not provide legal advice. I am not a lawyer. For advice about a specific situation under Rhode Island law, consult a licensed Rhode Island attorney or the probate court.