Rhode Island Estate Tax Guide
Last updated: 16 Oct 2025 • Author: Alexander Foelsche CPA (US), WP (DE), RE (CH)
Rhode Island Estate Tax & Probate — Complete Guide
What executors and families need to know about Rhode Island probate and estate tax: court process, who is taxed, what’s taxable, state credit/exemption, situs rules, forms, deadlines, planning considerations — plus calculator, cases, and a nonresident guide.
Rhode Island Probate Basics
Courts & intestacy
Probate matters are handled by the local Probate Courts. If there is no will, distribution follows Rhode Island’s intestacy statutes.
Typical probate steps
Petition → appointment of personal representative → notice to heirs/creditors → inventory & appraisals → pay debts/expenses/taxes → accountings → distribution & closing.
Rhode Island Estate Tax — At a Glance
Official Pages, Forms & Where to File
- Rhode Island Division of Taxation — Estate Tax portal (forms, addresses, payment).
- Forms index: Estate Tax Forms (RI-706, T-77, T-79, instructions).
- Federal reference: IRS Form 706 & instructions — IRS page.
Rhode Island Situs vs. Non-Situs (for Nonresidents)
| Asset type | RI treatment | Notes |
|---|---|---|
| Real property in Rhode Island | Included in RI-situs base | T-77 lien discharge typically required for sale/transfer |
| Tangible personal property located in RI | Included | Boats, vehicles, equipment, artwork physically in RI |
| Intangibles (stock, bank/brokerage) | Generally excluded for nonresidents | Check T-79 waiver requirements for certain RI issuers |
| Entity interests (LLC/partnership) | Generally treated as intangibles | Look-through not typical; facts and documentation matter |
Nonresidents with Rhode Island real estate or tangibles may owe RI estate tax even if most assets are outside the state; the limiting/apportionment step confines tax to the RI share.
Filing Mechanics & Deadlines
- When to file: 9 months from date of death; extension to file up to 6 months (tax still due at 9 months).
- Who files: The personal representative files RI-706 with federal schedules (or a pro-forma 706) as support.
- Where to file & pay: See the Division’s Estate Tax portal for the latest submission and payment options.
- Transfers: Expect T-77 (real property) and T-79 (securities) to be required before closing/retitling.
Planning Ideas to Reduce Rhode Island Estate Tax
- Marital & charitable transfers. Use deductions to reduce the state base.
- Credit shelter & QTIP. Capture the state credit/exemption and consider QTIP to defer while preserving control.
- Lifetime gifting. Shift future appreciation out of the estate (coordinate basis and federal gift/GST).
- Valuation & liquidity. Support appraisals; plan liquidity (ILIT, lines, staged sales) for the 9-month due date and lien/waiver workflows.
- Nonresidents. Manage RI-situs exposure; align apportionment and tax-burden clauses.
Tools & Subpages
Calculator
Estimate Rhode Island estate tax with the current schedule and model “what-if” scenarios.
Forms & Deadlines
All forms (RI-706, T-77, T-79) in one place, with due dates, extensions, and payment options.
Nonresident Guide
Who must file, RI-situs definitions, apportionment examples, and closing workflows for nonresidents.
Case Notes
Key statutory touchpoints, administrative rulings, and probate timing issues that affect the taxable base.
Planning
Strategies to reduce exposure, align tax burden, and secure liquidity—checklists and drafting pointers.
FAQs
Does Rhode Island have an inheritance tax?
No. Rhode Island has a state estate tax (paid by the estate), not an inheritance tax.
What is Rhode Island’s estate tax threshold?
Rhode Island uses an annually indexed state credit/exemption. Always pull the current year value from the RI-706 instructions.
When is the return due and can I extend?
Due 9 months after death; extension to file up to 6 months is available. Payment is still due at 9 months.
How are nonresidents taxed?
Only on RI-situs real property and tangibles, typically by limiting/apportioning the tentative tax to the RI share. See the Nonresident Guide.
What are T-77 and T-79?
T-77 discharges the estate tax lien on RI real estate; T-79 is an estate tax waiver often required for certain RI-related securities before transfer.
Need help filing or planning?
We assist with Rhode Island probate coordination, RI-706 preparation, lien/waiver workflows, and nonresident apportionment.

