How Rhode Island Handles Joint Bank Accounts and Jointly Owned Property When a Person Dies Intestate

Short answer: In Rhode Island, how assets pass after someone dies without a will depends on how each asset is titled. Assets that include a surviving owner by name (for example, joint accounts with rights of survivorship or tenancy by the entirety) generally pass outside probate to the surviving owner. Assets owned solely by the decedent or owned as tenants in common typically become part of the probate estate and are distributed under Rhode Island’s intestacy rules. For details on probate and intestate succession, see the Rhode Island statutes and the Probate Court resources listed below.

Detailed answer — what to expect and why it matters

When a person dies without a will (intestate), two questions determine what happens to each asset:

1. How is the asset titled right now? (e.g., sole name, joint with right of survivorship, tenants in common, tenants by the entirety, payable-on-death beneficiary)
2. Does the asset have a named beneficiary or contract that directs who gets it (for example, a POD designation, life insurance beneficiary, or a retirement account beneficiary)?

Rhode Island follows the common distinctions below. If you need to act, confirm the exact wording on deeds, account statements, beneficiary forms, and contracts—those words usually control.

1. Joint bank accounts

– Joint accounts that are set up with a clear right of survivorship (often called “joint tenants with right of survivorship” or simply a joint account where the surviving signer is the other named owner) generally pass immediately to the surviving joint owner. The bank will usually allow the survivor to keep operating the account after presenting a death certificate.

– If an account is titled jointly but there is no express survivorship language, or if the account is a true convenience account where the joint owner is only an agent for the decedent, the bank may freeze the account pending instructions from the probate court. In such cases, the decedent’s share may be part of the probate estate and distributed under Rhode Island’s intestacy laws.

2. Payable-on-Death (POD) and Transfer-on-Death designations

POD or TOD designations name a person who receives the account or asset at death. These designations typically override intestacy for the specific asset and allow transfer outside probate to the named beneficiary. Always check the institution’s paperwork and present a death certificate to effect the transfer.

3. Real property

– If real estate is owned as joint tenants with rights of survivorship or as tenants by the entirety (a common form for spouses), the surviving joint owner usually becomes the sole owner automatically at death. This transfer typically occurs outside probate, but the survivor should record an affidavit and the death certificate with the land records to clear title.

– If real estate is owned as tenants in common, each owner holds a distinct share. The decedent’s share passes through probate and is distributed according to Rhode Island’s intestacy rules.

4. Personal property, vehicles, and household items

Personal property is treated according to title and possessions. Vehicles titled only in the decedent’s name will typically need probate or a title transfer through whatever simplified process the state allows. Household items either pass by agreement among heirs or by probate distribution if ownership is disputed.

5. Life insurance, retirement accounts, and pensions

These pass to the named beneficiary on the policy or account. Beneficiary designations generally control even if the decedent has no will. If no beneficiary exists, the proceeds often become part of the probate estate and follow intestate distribution rules.

6. How Rhode Island intestacy works in general

When property is part of the probate estate (property titled solely in the decedent’s name with no valid beneficiary designation or survivorship feature), Rhode Island’s intestacy rules determine who inherits. Those rules prioritize close family members—commonly a surviving spouse, children, parents, siblings, and so on—depending on which relatives survive the decedent and the makeup of the family. For the official statutes and details, see Rhode Island’s laws on wills, administration, and intestate succession and the Probate Court pages below.

Official Rhode Island resources:

• Rhode Island General Laws — Title 33 (Wills, Trusts, Administration of Estates)
• Rhode Island Judiciary — Probate Court information and forms

Common hypothetical examples (to illustrate how title and beneficiary designations work)

Example A — Joint bank account with right of survivorship: Alice and Bob hold a bank account as “Alice and Bob, joint tenants with right of survivorship.” Alice dies intestate. The bank recognizes Bob as the surviving owner. That account does not go through probate; Bob can continue using the funds after he provides the bank with a death certificate.

Example B — Tenants in common real estate: Carla and Dan own a house as tenants in common (each owns 50%). Dan dies without a will. Dan’s 50% interest becomes part of Dan’s probate estate and is distributed under Rhode Island’s intestacy rules (for example, to Dan’s spouse and/or children, depending on family circumstances). Carla retains her 50% share but must work with the probate process to determine Dan’s share.

Example C — Payable-on-death bank account: Emily has a bank account titled in her name only, with a POD beneficiary named Frank. Emily dies intestate. The bank pays the balance directly to Frank upon presentation of the death certificate and paperwork. That account avoids probate.

Practical steps to take after a death

1. Obtain several certified copies of the death certificate from the funeral home or the state.
2. Gather account statements, deeds, titles, and beneficiary or account designation forms. Check how each asset is titled.
3. Contact banks, the mortgage company, the title agency, and any institutions holding retirement accounts or life insurance. Ask what documents they require to transfer or access funds.
4. If assets appear to require probate (for example, solely owned property), contact the Probate Court in the county where the decedent lived. The Probate Court can explain opening an estate, appointing an administrator, and simplified procedures for small estates.
5. Consider speaking with a Rhode Island attorney experienced in probate and estate administration if the estate is complex, if ownership is disputed, or if large assets must pass through probate.

Helpful Hints

• Title and paperwork control. The exact words on deeds, account titles, and beneficiary forms determine how property passes at death.
• Survivorship trumps intestacy. If a survivorship right exists (joint tenancy, tenancy by the entirety, POD), the asset generally passes outside probate to the surviving owner even if there is no will.
• Beneficiary designations override a will. Life insurance and retirement accounts go to the named beneficiary, not to heirs named in a will or by intestacy, unless the designation is invalid or absent.
• When in doubt, check with institutions. Banks and title companies can tell you what they need to transfer property after death (death certificate, affidavit of survivorship, probate documents).
• Small estate rules may simplify probate. Rhode Island may offer simplified procedures for small estates; check the Probate Court’s forms and guidance.
• Keep good records. Organized records of ownership, beneficiary forms, and bills will make settlement smoother and faster.

Where to get official Rhode Island information

Check the Rhode Island General Laws on wills and estate administration and the Rhode Island Probate Court website for forms and local procedures:

• Rhode Island General Laws — Title 33 (Wills, Trusts, Administration of Estates)
• Rhode Island Judiciary — Probate Court

Important disclaimer: This article is for general informational purposes only and does not constitute legal advice. I am not a lawyer. Laws and procedures change and facts matter. For personalized legal advice about a specific situation in Rhode Island, consult a licensed Rhode Island attorney or the Probate Court.