Avoiding probate is one of the most common reasons people create an estate plan. Probate is the court-supervised process of distributing a deceased person’s assets. It can be time-consuming, costly, and public. With the right estate planning strategies in place, Rhode Island residents can help their families avoid the stress and delays associated with probate.



At Tomassi Law, LLC, we help individuals and families across Rhode Island develop clear, effective estate plans designed to simplify the transfer of assets and minimize legal complications.

Why Avoid Probate?

Probate in Rhode Island can take several months to over a year to complete, depending on the complexity of the estate and whether disputes arise. During that time, assets may be tied up and inaccessible to beneficiaries. Probate also involves court fees, potential executor compensation, and public disclosure of your estate. A proper estate plan can streamline the process—or eliminate the need for it entirely.

Key Ways to Avoid Probate in Rhode Island

1. Create a Revocable Living Trust
A revocable living trust allows you to place assets into a trust during your lifetime while maintaining control over them. Upon your death, a successor trustee distributes the trust assets according to your instructions—without probate.

2. Use Beneficiary Designations
Certain assets, like retirement accounts, life insurance policies, and payable-on-death (POD) bank accounts, allow you to name beneficiaries. These assets transfer directly to the named individuals upon your death and bypass the probate process.

3. Hold Property Jointly
Joint ownership with right of survivorship means that when one owner dies, the property automatically passes to the surviving owner. This approach is often used for real estate or bank accounts between spouses or family members.

4. Use Transfer-on-Death (TOD) Deeds
In some cases, Rhode Island residents may be able to use a TOD deed to pass real estate to a named beneficiary without going through probate. This must be carefully drafted to comply with state law.

5. Make Gifts During Your Lifetime
Gifting assets during your lifetime removes them from your probate estate. However, it's important to consider tax consequences and eligibility for Medicaid or other benefits before transferring ownership.

The Importance of Legal Guidance

While there are many tools available to help avoid probate, the effectiveness of each depends on your specific financial and family situation. At Tomassi Law, LLC, we help clients understand the options that best fit their goals, ensuring their estate plans are legally sound and fully aligned with Rhode Island law.

Proper planning today can protect your loved ones from future stress and preserve more of your estate for the people who matter most.