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Detailed Answer

Short answer: In Rhode Island, if a co-owner who held property as a joint tenant with right of survivorship dies, ownership usually passes automatically to the surviving joint tenant(s). To reflect that change on the public record you typically must obtain certified death certificate(s) and record either an affidavit of survivorship (or similar document) and/or a new deed showing the surviving owner’s title. If there are no surviving joint tenants, or if title is unclear, you may need to open a probate/estate proceeding to clear title.

Step-by-step actions to update title after co-owners die (Rhode Island)

1. Confirm how title was held. Look at the recorded deed. If the deed expressly creates a “right of survivorship” or says “joint tenants with right of survivorship,” the deceased owner’s interest passes automatically to the surviving joint tenant(s). If the deed describes owners as “tenants in common,” a deceased owner’s share passes under the will or intestacy, not automatically to the co-owner.
2. Obtain certified death certificate(s). Order certified copies of the death certificate(s) for the deceased co-owner(s) from Rhode Island Vital Records. Certified death certificates are usually required to record the change in ownership. Rhode Island Vital Records: https://health.ri.gov/records/vitalrecords/
3. Prepare the appropriate recording document.
   • If a surviving joint tenant remains: prepare an Affidavit of Surviving Joint Tenant (or similar affidavit) that states the deceased co-owner’s death, cites the recorded deed, and affirms that the survivor now owns the property by right of survivorship. The affidavit should attach (or reference) the certified death certificate and be notarized.
   • If the surviving owner wants a clean, modern deed in their name only (for clarity or refinancing), they can also prepare a new deed (commonly a quitclaim or corrective deed) from the surviving joint tenant to the surviving joint tenant(s) in their new form of ownership. That deed should reference the original recorded instrument and the death certificate.
   • If there is no surviving joint tenant (or title is contested): you generally must open probate (administration) or a quiet-title action to determine who holds record title and to obtain an order or decree to record. The probate process follows Rhode Island probate procedures. Rhode Island Judiciary — Probate Court information: https://www.courts.ri.gov/Courts/ProbateFamilyCourt/Pages/default.aspx
4. Notarize and obtain any required attachments. Make sure affidavits and deeds are signed and notarized. Attach certified death certificates and any required identity documentation. Some recording offices require corporate/attorney acknowledgment language on certain instruments—check local requirements.
5. Record the document in the proper office and pay fees. File the affidavit and/or deed with the local recording office (registry or recorder of deeds or city/town clerk where the property is located). Pay the recording fee and any transfer tax if applicable. Recording puts the public on notice of the changed ownership.
6. Notify mortgage lenders, insurers, and tax authorities. If a mortgage exists, notify the lender; the loan remains attached to the property and lender policies may require notification or approval for deeds. Update the homeowner’s insurance and local tax records (assessor) to reflect the surviving owner.
7. If title is unclear or multiple heirs exist, consult probate or file a quiet-title action. If the deed does not create a survivorship right and the deceased left a will (or died intestate), property distribution goes through probate. If heirs disagree or title needs judicial clarification, a quiet-title suit may be necessary to produce a court order that can be recorded.
8. Consider using title services or an attorney for complex or high-value cases. Lenders, title companies, and buyers often require clear title. If you plan to sell or refinance, a title company or attorney can prepare a marketable deed and title insurance or advise whether additional court steps are needed.

Relevant Rhode Island law and resources

Rhode Island law treats a “right of survivorship” as a matter of how the deed or conveyance was written and matters of succession are handled by Rhode Island probate law. For the text of state statutes and to search specific sections relating to real property and probate, use the Rhode Island General Laws search page: https://www.rilegislature.gov/Statutes/

For practical steps (death certificates, probate forms, and court contacts):

• Rhode Island Department of Health — Vital Records (for certified death certificates): https://health.ri.gov/records/vitalrecords/
• Rhode Island Judiciary — Probate Court information and forms: https://www.courts.ri.gov/Courts/ProbateFamilyCourt/Pages/default.aspx

When you need a lawyer or title professional

Talk to an attorney or title company if any of the following apply: no surviving joint tenant, the deed language is unclear, multiple heirs claim the property, there are unpaid liens or mortgages, or you plan to refinance or sell and need title insurance. An attorney can file probate documents, bring a quiet-title action, or draft the precise deed or affidavit required by the recording office.

Disclaimer: I am not a lawyer. This information is educational only and is not legal advice. For legal advice about your specific situation, consult a licensed Rhode Island attorney.

Helpful Hints

• Always obtain certified (not just photocopy) death certificates for recording.
• Bring the property’s recorded deed (or a copy) when you prepare an affidavit or new deed—record references are needed (book/page or instrument number).
• Check the local recorder/registry office’s website or call for exact form and fee requirements before you go—requirements vary by municipality/county.
• If the deed uses specific survivorship language, title usually passes automatically; recording an affidavit simply updates public records.
• If a lender holds a mortgage, contact the lender early — they may require proof of probate or additional documentation to release or modify lien information.
• If you plan to sell or refinance, order a title search or contact a title company first to identify defects or additional required steps.
• Keep originals of all recorded documents and certified death certificates in a safe place; keep copies for insurance, tax, and lender communications.