Rhode Island

At a Glance

Registering a death in Rhode Island.

A death certificate for each death occurring in Rhode Island must be filed with the state registrar of vital records. Physicians are required by Rhode Island law to sign death certificates.

Who can order copies.

Certified copies of death records are confidential and may only be issued to the registrant's issue, spouse, parent(s), sibling, legal guardian, attorneys, title examiners, members of genealogical societies, by court order, funeral directors, or persons requiring information for the determination or protection of a personal or property right.

• –Rhode Island Department of Health, Center for Vital Records: https://health.ri.gov/vital-records
• –Cost: approximately $22.00 per certified copy (in-person), $25.00 (mail-in). Additional copies $18.00 each.
• –Expedited options available through VitalChek (additional fees apply)

How do I get a death certificate in Rhode Island?

Order certified copies from Rhode Island's vital records office; this section's source link is the official process. The funeral home or cremation provider usually orders the first copies for you. Order at least 10: banks, insurers, and agencies each want their own certified copy.

How much does a death certificate cost in Rhode Island?

$22-$25 per certified copy in Rhode Island, as shown above. Additional-copy pricing varies; the official source linked in this section has the current fee schedule.

At a Glance

When probate is required.

In Rhode Island, probate is generally required for estates with assets exceeding $15,000 (excluding tangible personal property) that do not have a designated beneficiary or other non-probate transfer mechanisms. The Probate Court has jurisdiction over these matters.

If you die without a will.

If a Rhode Island resident dies without a valid will (intestate), their property will be distributed according to the state's laws of intestate succession, found in RIGL Title 33, Chapter 33-1. The court will appoint an administrator to manage the estate.

• –Spouse and children: If there are children, the spouse inherits half of the personal estate and a life estate in the real property. The children inherit the remaining personal property and the remainder interest in the real property.
• –Spouse, no children: The spouse inherits all personal property and half of the real property. The decedent's parents inherit the other half of the real property.
• –No spouse, no children: Property passes to parents, then siblings, then other relatives.
• –No relatives: If no heirs are found, the estate escheats to the State of Rhode Island.

Avoiding probate.

Common strategies to avoid probate in Rhode Island include establishing a living trust, designating beneficiaries on financial accounts (e.g., bank accounts, retirement accounts, life insurance policies), and holding property in joint tenancy with rights of survivorship.

How long does probate take in Rhode Island?

A straightforward Rhode Island probate typically runs Several months to over a year, as shown in this section. Contested wills, missing heirs, or real property in other states stretch it well past that.

What is the small-estate limit in Rhode Island?

$15,000. Estates under that figure can use the simplified process or affidavit covered above instead of full probate.

Do I need a probate attorney in Rhode Island?

Not always. If the estate qualifies for the simplified process covered above, many people handle it without a lawyer. Hire one for full probate, a contested will, or property in more than one state. Before you hire anyone, know the fee structures: hourly, flat, and (in a few states) statutory percentages. Our probate attorney cost guide covers what each should run you.

Does Rhode Island allow transfer-on-death deeds?

No. Rhode Island has no transfer-on-death deed statute. A living trust or joint ownership with survivorship does the same job here; a 2026 bill (S 2050) got a committee hearing but was not enacted.

Source: legislative record ↗

Die without a will in Rhode Island and this law picks your heirs.

If you die intestate (without a valid will) in Rhode Island, R.I. Gen. Laws §§ 33-1-1 to 33-1-13 decides who inherits everything a will would have covered. The shares depend on exactly who survives you: spouse, children, parents, siblings. What you told people you wanted does not matter. Only a signed will changes these defaults.

What your spouse gets.

What your spouse inherits depends on who else survives you. The four common family shapes:

• –Spouse only (no descendants or parents): a life estate in all real estate plus up to $150,000 of it in fee by court petition, plus $50,000 and half the remaining personal property; the balance goes to the next kindred.
• –Spouse + parents (no descendants): same spouse package; the parents take the real estate subject to the life estate and the leftover personal property.
• –Spouse + joint descendants: a life estate in the real estate and half the personal property; the children take the rest.
• –Spouse + blended family: identical, parentage of the children changes nothing.
• –Source: R.I. Gen. Laws §§ 33-1-1 to 33-1-13

Children's shares.

The children take the real estate and the personal property in equal shares, with a dead child's share passing to that child's descendants.

No spouse, no children: the line of succession.

After children come parents, then siblings and their descendants, then paternal and maternal halves running through grandparents, aunts and uncles, great-grandparents and onward without end; if no kindred exist at all, the estate goes to the surviving spouse or a deceased spouse's kindred, and it escheats to the state only when all of that fails.

At a Glance

What Rhode Island requires.

Rhode Island law provides for advance directives, which include a living will and a durable power of attorney for health care. The state provides a statutory form for the Durable Power of Attorney for Health Care (R.I. Gen. Laws § 23-4.10-2). An advance health care directive typically requires two qualified witnesses.

Healthcare power of attorney.

In Rhode Island, a Durable Power of Attorney for Health Care allows you to appoint an agent to make healthcare decisions on your behalf if you become incapacitated. This is often combined with a living will in a single advance directive document, but the statutory form for the power of attorney must be used.

POLST / MOLST forms.

Rhode Island recognizes Medical Orders for Life-Sustaining Treatment (MOLST) forms. MOLST is a bright pink, two-sided, standardized medical form containing valid medical orders about life-sustaining treatment for individuals with serious advanced illnesses. It is distinct from an advance directive, which is for future care, as MOLST reflects current medical orders based on a patient's current health status and wishes.

Where do I get Rhode Island's advance directive form?

The controlling law is RIGL § 23-4.10-2 (statutory form of durable power of attorney for health care), linked as this section's source. Most people use the free statutory form: Rhode Island's health department, hospital systems, and state bar publish fillable versions that match it. You do not need to buy one, and you do not need a lawyer to complete it.

Does Rhode Island require a notary or witnesses for an advance directive?

Rhode Island requires 2 adult witnesses; notarization is not required. Anyone 18 or older of sound mind can make one.

At a Glance

Cremation rules in Rhode Island.

In Rhode Island, cremation cannot take place until at least 24 hours have passed from the time of death, and the necessary permits and consents are issued. Authorization from the next-of-kin is required unless a prepaid cremation contract was made by the deceased. A pacemaker must be removed prior to cremation.

Green burial and alternatives.

Rhode Island allows green burial, with several cemeteries offering natural burial options. All interments in Rhode Island must occur in developed cemeteries. Human composting and alkaline hydrolysis are not explicitly addressed in current Rhode Island statutes as widely available or regulated alternatives, and home burial is generally not permitted outside of established cemeteries.

• –Green Burial: Permitted and available in several certified natural burial grounds and sections of conventional cemeteries.
• –Human Composting: Not explicitly legalized or regulated in Rhode Island.
• –Alkaline Hydrolysis: Not explicitly legalized or regulated in Rhode Island.
• –Home Burial: Generally not permitted; interments must be in developed cemeteries.

Funeral home regulations.

Funeral homes in Rhode Island are regulated by the state and must be licensed. They are also subject to the Federal Trade Commission's (FTC) Funeral Rule, which requires them to provide itemized price lists and other disclosures to consumers.

At a Glance

Rhode Island has an estate tax for estates over $1,838,056 (2026).

Rhode Island imposes an estate tax on the net value of assets of decedents with property in the state. For deaths occurring on or after January 1, 2026, an estate is required to file a Rhode Island estate tax return if its value exceeds $1,838,056. The tax rate is progressive, ranging from 0.8% to 16%.

Rhode Island does not have an inheritance tax.

Rhode Island does not impose an inheritance tax. An inheritance tax is paid by the beneficiaries who receive inherited property, while an estate tax is paid by the estate itself before assets are distributed.

Federal estate tax.

The federal estate tax applies to estates over $15 million per person (2026), $30 million for married couples. This is separate from any state estate or inheritance tax. The One Big Beautiful Bill Act (2025) made the higher exemption permanent, so the drop to roughly $7 million once scheduled under the Tax Cuts and Jobs Act never took effect.

Does Rhode Island have an estate tax?

Yes. Rhode Island levies its own estate tax, with a state exemption of $1.84 million and rates of 0.8%-16%. The federal estate tax can also apply, but only to estates over $15 million per person (2026).

Does Rhode Island have an inheritance tax?

No. Rhode Island does not tax inheritances. Heirs owe no state tax on what they receive, though the estate itself can owe state estate tax before anything is distributed.

What is the federal estate tax exemption for 2026?

$15 million per person, $30 million for a married couple, indexed for inflation. The One Big Beautiful Bill Act (2025) made the higher exemption permanent. Estates below the threshold owe no federal estate tax.

At a Glance

Registering as a donor in Rhode Island.

In Rhode Island, you can register as an organ donor through the Department of Motor Vehicles (DMV) when obtaining or renewing your driver's license or state ID. You can also register online through the New England Organ Bank (NEOB) or indicate your wishes in an advance directive.

• –New England Donor Services (formerly New England Organ Bank) Donor Registry: https://neds.org/register-now/
• –Register at the Rhode Island DMV when applying for or renewing your driver's license/state ID.
• –Indicate your organ donation wishes in your advance directive.

Your family cannot override your decision.

In Rhode Island, as in all states, a registered organ donor decision is legally binding. Your family cannot override it. However, in practice, organ procurement organizations often consult families. Make your wishes known to your family to avoid conflict.