How to Transfer Real Property After a Spouse’s Death in Rhode Island: Steps to File and Record a New Deed

Disclaimer: This is educational information and not legal advice. For help specific to your situation, consult a licensed Rhode Island attorney or your local probate court.

Overview — how ownership can change when a spouse dies

When a spouse dies, what must happen to put property in someone else’s name depends on how title was held before death. In Rhode Island, common ways people hold title include:

• Tenancy by the entirety (married couples): ownership passes to the surviving spouse automatically.
• Joint tenancy with right of survivorship: the surviving joint owner becomes sole owner automatically.
• Tenancy in common: deceased owner’s share passes through the deceased’s will or by intestacy rules (probate).
• Sole ownership (only the deceased on title): property must pass through probate or be transferred under a small‑estate procedure.

First step: locate the recorded deed to see exactly how the deed describes ownership. The language on the deed determines the immediate legal effect of death.

Step-by-step actions to get title into your child’s name (typical scenarios)

1) If the surviving spouse already became sole owner (tenancy by entirety or joint tenancy)

When the surviving spouse holds title as the sole surviving owner, that person can transfer the property to the child by executing and recording a new deed (usually a quitclaim or warranty deed) that conveys the property to the child.

1. Obtain a certified copy of the death certificate.
2. Have the surviving owner prepare a deed transferring the property to the child. Use the correct legal description exactly as on the current recorded deed.
3. Sign the deed before a notary public (acknowledgment). In RI the grantor must sign; the notary will attest to the signature.
4. Check whether Rhode Island transfer/conveyance tax or local documentary requirements apply and pay any tax or fee. Consult the Division of Taxation for rules: Rhode Island Division of Taxation.
5. Record the new deed at the appropriate municipal office (city or town land evidence/records or recorder). Keep a certified copy of the recorded deed and confirmation of payment of any required fees.

2) If the deceased spouse held title alone (no survivorship), or title does not pass automatically

Property in the decedent’s name alone usually passes through probate before a new deed can be recorded in the heir’s name. The probate process determines who is legally entitled to receive property under a will or under Rhode Island intestacy rules.

1. Determine whether there is a will. If so, the executor named in the will should open probate in the local probate court. If no will, an interested person (usually the surviving spouse or a child) must petition the probate court to open an estate and request appointment as administrator.
2. Open the estate at the appropriate Rhode Island probate court. The RI probate court will issue letters testamentary or letters of administration allowing the personal representative to act for the estate. Start at the Probate Division of the Rhode Island Judiciary: Rhode Island Probate Courts.
3. The personal representative gathers assets, pays debts and taxes, then petitions the probate court to distribute the property to heirs or beneficiaries. Once the court authorizes distribution, the representative signs a deed conveying title to the heir (your child) and records it.

3) Small‑estate or alternative summary procedures

Rhode Island has summary procedures for smaller estates or limited transfers (check the Probate Court for the current rules and limits). If the estate qualifies, you may be able to use a small‑estate affidavit or other simplified forms to transfer title without full probate. For forms and local instructions, contact the probate court or review the Rhode Island probate forms and guidance: Probate forms and instructions.

Documents commonly required to record a deed after a spouse’s death

• Original(ly prepared) new deed with accurate legal description.
• Certified copy of the decedent’s death certificate.
• Proof of authority to convey (for probate transfers, letters testamentary or administration; for survivorship transfers, a death certificate and an affidavit of survivorship if requested).
• Notary acknowledgment of grantor signature(s).
• Payment of recording fee and any applicable transfer or conveyance taxes.

Where to record the deed and where to get help

Deeds are recorded in the local land records office for the city or town where the property is located. Municipal websites or the city/town clerk can confirm exact recording procedures and fees. For questions about probate, forms, and whether an estate administration is required, contact the local Rhode Island probate court: RI Probate Courts. For statutory provisions governing probate and property, consult the Rhode Island General Laws: Rhode Island General Laws (Statutes).

Common complications to anticipate

• Mortgage or lien on the property: a mortgage remains attached to the property and must be satisfied or assumed by the new owner.
• Creditor claims against the decedent’s estate: probate process allows creditors to make claims before final distribution.
• Disputes between heirs or ambiguous deed language: disputes can delay transfer and may require court resolution.
• Transfer taxes, exemptions, or homestead protections: these can affect timing and net value received by the heir.

Helpful Hints

• Find the recorded deed first. The wording of the current deed controls what happens next.
• Obtain several certified copies of the death certificate; recorders and banks usually require originals or certified copies.
• Ask the mortgage lender (if any) whether the loan has a due‑on‑death clause or needs notification of death; do not assume the loan disappears.
• Contact the local recorder/city clerk early to confirm recording fees, accepted file formats (some towns accept e-recording), and whether an affidavit or extra paperwork is required.
• If the surviving spouse needs to sign, do not sign if you are unsure: get legal advice. Improperly executed deeds can be rejected by the recorder and create legal complications.
• For disputes, or if estate administration, liens, or taxes are complicated, speak with a Rhode Island attorney experienced in probate and real estate to avoid mistakes that are hard to undo.
• Use simple, plain-language grantor/grantee descriptions, but always include the full legal description from the recorded deed (lot, block, book/page or land evidence reference).