Rhode Island: Do You Still Need a TOD Deed or POD Designation If Your Will Leaves Everything to Your Daughter? | Rhode Island Probate | FastCounsel
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Rhode Island: Do You Still Need a TOD Deed or POD Designation If Your Will Leaves Everything to Your Daughter?

Do you still need a transfer-on-death deed or payable-on-death designation if your will leaves everything to your daughter?

Short answer: Yes — often you still need beneficiary (payable-on-death or transfer-on-death) designations or properly titled property if your goal is to make assets pass automatically and avoid probate. A will controls property that goes through probate, but it generally does not override beneficiary designations, joint-title rules, or recorded transfer-on-death instruments for specific assets. This means a will alone may not achieve the immediate, outside‑of‑probate transfer many people expect.

Detailed answer — how wills, PODs, TODs, and account titles interact in Rhode Island

Start with two simple principles:

  • Assets that are titled with a named beneficiary or that pass by contract (example: life insurance, many retirement accounts) generally transfer outside probate to the named beneficiary.
  • A will controls only the assets that remain part of your probate estate when you die. It does not reach assets that already have a binding non‑probate transfer method in place.

How those principles apply in common situations:

1) Bank and brokerage accounts (POD/transfer-on-death registration)

Most banks and brokerages allow you to name a payable‑on‑death (POD) or transfer‑on‑death (TOD) beneficiary on an account. If you name your daughter as POD beneficiary, the funds in that account go to her directly when you die, outside probate. A will leaving the account to your daughter does not change that result. To accomplish an outside‑of‑probate transfer, you must complete and keep the beneficiary form on file with the institution.

2) Retirement accounts and life insurance

Employer plans, IRAs, and life insurance policies generally use beneficiary designations. These beneficiary forms control who receives the proceeds. If the beneficiary form names your daughter, a later will typically cannot defeat that designation. Review and update beneficiary forms to match your overall plan.

3) Real estate (deed title and any transfer-on-death instrument)

Real estate transfers depend on how title is held. If you hold title solely in your name, the property normally passes through probate, and your will governs that probate transfer. But if you hold the property in joint tenancy with right of survivorship, it passes to the surviving co‑owner automatically. Some states permit recorded beneficiary deeds (sometimes called transfer‑on‑death deeds) that name a beneficiary to receive the property outside probate; those deeds must meet local recording requirements and be properly signed and recorded. Whether a beneficiary deed is available and effective in Rhode Island depends on state law and recording rules.

Before relying on a recorded deed or title strategy, check the local land records at your county recorder/registry and confirm the exact steps needed to create a valid transfer (or ask a Rhode Island real property attorney or a title company). For state statutes and authoritative sources, consult the Rhode Island General Laws and the Rhode Island Judiciary for probate practice (see links below).

4) What happens if a beneficiary designation conflicts with your will?

Non‑probate designations (POD, TOD, beneficiary forms, joint tenancy) usually take priority for the specific asset. If an account names a beneficiary, that designation governs distribution of that account even if the will says otherwise. That is why you should coordinate beneficiary forms with your will and other estate planning documents.

5) Creditor claims, taxes, and practical considerations

Assets that pass outside probate may still be reachable by creditors or subject to estate taxes in some circumstances. Passing property outside probate can speed transfer and reduce probate costs, but it can also create practical problems (for example, bypassing family members or creating spousal rights issues). Consider how beneficiary designations, joint ownership, and TOD/POD transfers affect creditor exposure, Medicaid planning, and tax consequences.

Practical checklist for Rhode Island residents

  • Inventory all assets and note how each is titled (sole name, joint tenancy, beneficiary designation, titled in trust).
  • Check beneficiary forms on bank, brokerage, retirement, and life insurance accounts. Make sure the listed beneficiary matches your intentions.
  • If you want real property to pass outside probate, ask whether a beneficiary (TOD) deed is available in Rhode Island and the exact recording steps; contact your county’s land records office or a Rhode Island attorney.
  • Review your will after you change any beneficiary designation or retitle property. A will and your beneficiary forms should align.
  • Keep copies of signed beneficiary forms and recorded deeds with your estate plan documents and tell relevant institutions where to find them.
  • Consult an attorney when transfers involve large assets, out‑of‑state property, blended families, or potential creditor or Medicaid issues.

Hypothetical example

Maria executes a will in Rhode Island that leaves “all my property to my daughter.” After that, she opens a savings account and names her sister as payable‑on‑death beneficiary. She also records a beneficiary deed (if available) for a vacation property naming her son as beneficiary. When Maria dies, the savings account goes directly to the sister (because of the POD form), the vacation property transfers according to the recorded deed (outside probate), and only the remaining probate assets governed by the will pass to the daughter through probate. The will alone cannot reach assets that already have effective POD/TOD/beneficiary or joint title arrangements.

Where to look in Rhode Island law and government resources

Rhode Island statutes and court rules govern wills, probate, and some aspects of non‑probate transfers. For authoritative sources, start here:

  • Rhode Island General Laws (statutes): https://www.rilegislature.gov/Pages/Statutes.aspx
  • Rhode Island Judiciary (probate and court information): https://www.courts.ri.gov/
  • County land records / registry of deeds (for questions about deeds and recording): contact the recorder/registry in the county where the property sits (county offices are the place to confirm exact recording requirements).

Helpful hints

  • Don’t assume a will will govern every asset. Check account titles and beneficiary forms first.
  • Beneficiary forms and recorded deeds usually trump a will for the specific asset named.
  • To avoid unintended results, coordinate beneficiary designations and your will at the same time.
  • Recordkeeping matters: institutions follow the forms they have on file. If you update a beneficiary, confirm the institution received and accepted the change.
  • For real property, confirm whether Rhode Island recognizes the specific type of beneficiary deed or TOD deed you plan to use and follow the exact recording steps.
  • If you want everything to pass under your will rather than by beneficiary designation, you must remove or change beneficiary forms and retitle accounts—do this formally with each institution.
  • Small changes (who you name or how you title an account) can have large consequences for family members and taxes — consult an attorney for high‑value or complicated situations.

Next steps

1) Make an asset inventory and note titling/beneficiaries. 2) Contact banks, brokers, insurance companies, and your county recorder to learn how to add, remove, or change beneficiaries or how to record deeds. 3) If you want to avoid probate for many assets, ask a Rhode Island estate planning attorney to review your situation and prepare or review the documents.

Disclaimer: This article explains general Rhode Island estate planning concepts and is not legal advice. It does not create an attorney‑client relationship. For advice about your particular situation, consult a licensed Rhode Island attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.