Probate is a legal process in which a deceased person's property is distributed to their heirs and beneficiaries. This process can be lengthy, tedious, and expensive. In Rhode Island, it can take up to a year for probate to be completed. Fortunately, there are ways to avoid probate and simplify the process for your loved ones. In this blog post, we will discuss several strategies that you can use to avoid probate in Rhode Island.



1. Create a Living Trust – A living trust is a document that allows you to transfer ownership of your assets to a trustee who will manage them on your behalf. When you create a living trust, you become both the trust's grantor (creator) and trustee. Therefore, you can continue to manage your assets. If you become unable to act as a trustee due to incapacity or death, the successor trustee you have named in your trust document will take over without the need for probate.

2. Joint Ownership – Joint ownership is another way to avoid probate. If you own property jointly with another person, such as your spouse, the property will pass directly to the surviving owner when you die. This means that the property will not go through probate, but it will be passed directly to the surviving owner. However, it's essential to discuss the pros and cons of joint ownership with an attorney before taking this step. For example, joint ownership can lead to tax and creditor issues.

3. Designation of Beneficiaries – You can also avoid probate by designating beneficiaries for your assets. For example, you can name beneficiaries for your bank accounts, retirement accounts, life insurance policies and other assets. When you die, the assets will pass directly to the beneficiaries you have named. This means that the assets will not go through probate.

4. Payable on Death (POD) Accounts – A POD account is a bank account that has a designated beneficiary. When you die, the funds in the account will pass directly to the beneficiary without the need for probate. This type of account can be very helpful if you have a specific person who needs access to your funds upon your death.

5. Transfer on Death (TOD) Deeds – Similarly to POD accounts, you can avoid probate by using TOD deeds for your real estate. With a TOD deed, you can transfer ownership of your property when you die. It's important to note that TOD deeds need to be appropriately handled and coordinated with your estate plan. Consulting with an attorney can help you understand whether a TOD deed is the right solution for you.

Probate can be a time-consuming and costly process. However, with proper planning, you can avoid it altogether. Living trusts, joint ownership, and beneficiary designations or accounts such as POD and TOD can all help you pass your assets to your loved ones without going through the probate process in Rhode Island. It's always recommended that you consult with an attorney to ensure that your estate planning is airtight. A qualified attorney can review your situation, answer your questions and help you develop the right plan. When you consider that avoiding probate can save both time and money, you will find that taking the right steps in advance is worth every penny.