Have you ever asked yourself: “What happens to my home if I pass away without a will?”

If you own real estate in Rhode Island—especially in sought-after communities like Warwick, East Greenwich, Cranston, North Kingstown, and Providence—understanding how estate planning intersects with homeownership is critical. At The Slocum Home Team, led by top Warwick Realtor Nick Slocum (or one of The Slocum Home Team’s top agents), we believe in empowering homeowners with the knowledge needed to make wise decisions today that protect their families tomorrow.

What Is Estate Planning, Really?

Most people think estate planning is just having a will. But it's much more than that.

Estate planning is the legal roadmap that dictates what happens to your assets—including your home—if you're unable to make decisions due to incapacity or death. While a will is a foundational document that outlines asset distribution, a comprehensive estate plan may also include:

• A living trust (to help avoid probate)

• Durable power of attorney (to designate decision-makers while you’re alive but incapacitated)

• Advance healthcare directives

• A “transfer on death” deed, where available

Each of these tools plays a role in making sure your wishes are carried out smoothly and with as little stress and cost to your loved ones as possible.

Why Start Estate Planning When You Own a Home?

Buying a home in Rhode Island is a major milestone—financially and emotionally. It’s likely your largest asset. That’s why including your property in your estate plan is essential.

Here’s how homeownership ties directly into your estate plan:

• Title Matters: How your name appears on the deed—sole owner, joint tenants, tenants by the entirety, etc.—affects who inherits the property and how smoothly that transition occurs.

• Mortgage Lives On: Your mortgage doesn’t vanish when you do. Unless sold, your heirs must continue making payments or refinance the loan under their own name.

• Delayed or Contested Probate: Without proper documentation, your home may be tied up in probate—a potentially lengthy and expensive court process.

Can You Avoid Probate in Rhode Island?

In some states, homeowners can record a “transfer on death” (TOD) deed that allows their home to pass to a named beneficiary outside of probate. However, Rhode Island does not currently offer TOD deeds for real estate. That means your options are limited to more traditional estate planning tools.

The most effective probate-avoidance strategy in Rhode Island is placing your home into a revocable living trust. This allows for:

• Seamless transfer of the home to heirs

• Privacy (trusts are not public record like wills)

• Avoidance of court oversight

Be sure to consult with a local estate planning attorney to set up a trust that complies with Rhode Island law.

What Happens if You Have No Will?

If you pass away without a will in Rhode Island, the state’s intestacy laws determine who inherits your property. This could mean:

• A surviving spouse inherits some or all of the estate

• Children or other relatives inherit the home if no spouse exists

• In rare cases, your property could escheat (revert) to the state

This process not only delays the transfer of your home but may also leave your loved ones without clear legal rights or direction.

Estate and Inheritance Taxes in Rhode Island

Rhode Island currently imposes an estate tax, not an inheritance tax. Here’s the difference:

• Estate Tax: A tax on the value of the decedent's total estate before assets are passed on.

• Inheritance Tax: A tax paid by the heirs (not applicable in Rhode Island).

As of 2025, Rhode Island estates exceeding approximately $1.77 million in value are subject to estate taxes. However, this threshold changes over time. Additionally, sellers who are not Rhode Island residents at the time of sale may be subject to a 6% withholding tax on net proceeds.

If you're considering selling a home in Rhode Island as part of your estate plan, speak with your tax advisor or estate planning attorney to understand the implications.

Does It Matter if There’s a Mortgage or Liens?

Absolutely. Any liens or outstanding debts (including mortgages) on your property are legally binding—even after your passing. If the heirs want to keep the property, they’ll need to:

• Continue mortgage payments or refinance

• Pay off outstanding liens or debts

• Budget for property taxes and maintenance costs

This is especially critical if your heirs may not be financially prepared to take on those obligations. A thoughtful estate plan accounts for these potential burdens and can include savings or insurance solutions to offset them.

Rhode Island Legal Requirements for Sellers & Buyers

Whether you’re preparing to pass your home on or sell it before death, Rhode Island real estate law includes several seller-side requirements:

• Non-Resident Withholding Tax: 6% of net proceeds withheld at closing for non-RI residents.

• Tax Stamps: $4.60 per $1,000 of the selling price, plus an additional surcharge for luxury homes above $800,000.

• Smoke Detector Certificate: Must be issued no more than 120 days before closing.

These requirements tie back into estate planning because your executor or heirs may be the ones navigating them—unless your plan prepares for a smoother transition.

How to Prepare: 5 Steps for Rhode Island Homeowners

1. Check your deed title – How it’s held affects who gets the home.

2. Meet with an estate attorney – Especially if you want to avoid probate.

3. Consider setting up a trust – This may offer tax benefits and skip the court process.

4. Talk with your mortgage lender – Understand what heirs need to do if they inherit the home.

5. Review your plan yearly – Especially after refinancing, name changes, or ownership changes.

Final Thoughts: Protecting What Matters Most

Your home is more than just a place. It’s part of your legacy. Whether you live in Warwick, East Greenwich, Cranston, or elsewhere in central Rhode Island, estate planning is the best way to ensure your property is protected, your wishes are honored, and your family is spared unnecessary stress.

At The Slocum Home Team, we don't just help you buy and sell homes—we help you plan for what comes next. If you’re thinking about how your home fits into your long-term plans, let’s talk.