2025 -- H 5755

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LC001995

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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A N   A C T

RELATING TO TAXATION -- ESTATE AND TRANSFER TAXES -- ENFORCEMENT AND

COLLECTION

     Introduced By: Representatives Chippendale, Finkelman, Place, Nardone, Baginski, J.
Brien, Santucci, Newberry, Casimiro, and Lima

     Date Introduced: February 26, 2025

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 44-23-1 and 44-23-2 of the General Laws in Chapter 44-23 entitled

"Estate and Transfer Taxes — Enforcement and Collection" are hereby amended to read as follows:

     44-23-1. Statements filed by executors, administrators, and heirs-at-law. [Effective

January 1, 2025.] Statements filed by executors, administrators, and heirs-at-law or persons

in possession of real property.

     (a)(1) Every executor, administrator, and heir-at-law or persons in possession of real

property, within nine (9) months after the death of the decedent, shall file with the tax administrator

a statement under oath showing the full and fair cash value of the estate; the amounts paid out from

the estate for claims, expenses, charges, and fees; and the statement shall also provide the names

and addresses of all persons entitled to take any share or interest of the estate as legatees or

distributees of the estate.

     (2) In estates where applicable, an executor, administrator, heir-at-law or persons in

possession of real property, within nine (9) months after the death of the decedent, shall file, for

recording, with the municipality of the decedent’s residence, a statement under oath, stating that

the value of the decedent’s gross estate does not require a state or federal estate tax filing. Upon

the recording of the statement by the municipality, the division of taxation shall issue a discharge

of estate tax lien.

     (b) For estates of decedents with a date of death prior to January 1, 2025, a fee of fifty

dollars ($50.00) shall be paid when filing any statement required by this section. All fees received

under this section are allocated to the tax administrator for enforcement and collection of taxes.

     (c) For estates of decedents with a date of death on or after January 1, 2025, no fee shall be

paid when filing any statement required by this section.

     44-23-2. Statements filed by trustees.

     Whenever any person during his or her life appoints a trustee, naming that person or others

as beneficiaries, and providing for the administration of the trust after his or her death, or providing

for a termination of the trust and a distribution of the trust estate or any part of the trust estate at his

or her death, any person acting as the trustee or any trustee of property subject to a power of

appointment, shall, within thirty (30) days after the death of the creator of the trust, or within thirty

(30) days after the death of the donee of the power file with the tax administrator a sworn statement

showing:

     (1) The trust agreement, if any;

     (2) The full and fair cash value of the trust estate;

     (3) The extent of the duration of the trust;

     (4) The manner provided for its termination;

     (5) The names and addresses of the beneficiaries of the trust; and

     (6) Any other information relating to the trust, which the tax administrator may deem

necessary for the proper assessment of the tax on the estate; and

     (7) Notwithstanding the requirements set forth in this section, the trustee, where applicable,

within nine (9) months after the death of the decedent, shall file, for recording, with the municipality

of the decedent’s residence, a statement under oath, stating that the value of the decedent’s gross

estate does not require a state or federal estate tax filing. Upon the recording of the statement by

the municipality, the division of taxation shall issue a discharge of estate tax lien.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO TAXATION -- ESTATE AND TRANSFER TAXES -- ENFORCEMENT AND

COLLECTION

***

     This act would generate an estate tax discharge upon the filing and recording, with the

decedent’s municipality, a statement of the executor, trustee or any other estate representative, that

the value of the decedent’s gross estate does not require a state or federal tax filing.

     This act would take effect upon passage.

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LC001995

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