How to Make a Valid Will in Rhode Island
Rhode Island has specific rules about who can make a will, how it must be signed, how many witnesses are needed, and whether notarization is required. Here's everything you need to know about creating a valid last will and testament in RI.
Rhode Island Will Requirements at a Glance
Who Can Make a Will in Rhode Island?
You must be at least 18 years old to make a will in Rhode Island. No statutory exceptions for minors. The testator must be of sound mind, understanding the nature and extent of their property, the natural objects of their bounty, and the disposition being made
Signing Requirements
Must be in writing. Can be typed, printed, or handwritten. If you are physically unable to sign, Another person may sign in the testator's presence and by the testator's express direction.
Witness Requirements in Rhode Island
Rhode Island requires 2 witnesses. Must be competent witnesses. Witnesses must sign in the presence of the testator (R.I. Gen. Laws § 33-5-5).
Interested witnesses: A bequest to an attesting witness is not automatically void, but may raise questions about undue influence
Notarization in Rhode Island
Notarization is not required for a will to be valid in Rhode Island. Not required for validity
Self-Proving Affidavit
Rhode Island allows a self-proving affidavit, which simplifies probate by eliminating the need for witnesses to testify in court. Testator and witnesses sign a sworn affidavit before a notary public (R.I. Gen. Laws § 33-7-26)
Handwritten (Holographic) Wills
Rhode Island does not recognize holographic wills. Holographic wills are not recognized in Rhode Island
Electronic Wills
Rhode Island does not currently recognize electronic wills. Rhode Island does not currently have an electronic wills statute
Oral (Nuncupative) Wills
Recognized in limited circumstances: soldiers in actual military service and mariners at sea for personal property only (R.I. Gen. Laws § 33-5-10)
How to Revoke a Will in Rhode Island
In Rhode Island, a will can be revoked by:
- •Executing a subsequent will or codicil
- •Physical destruction (burning, tearing, canceling, obliterating) by the testator or someone in the testator's presence and at their direction
R.I. Gen. Laws § 33-5-11
Special Provisions in Rhode Island
Rhode Island is a separate property/common law state. Surviving spouse has an elective share right: life estate in all real property and an outright share of personal property. Rhode Island uses dower and curtesy rights which are largely outdated in most other states
Relevant Rhode Island Statutes
- R.I. Gen. Laws § 33-5-2 (Who may make a will)
- R.I. Gen. Laws § 33-5-5 (Execution of wills)
- R.I. Gen. Laws § 33-5-10 (Nuncupative wills)
- R.I. Gen. Laws § 33-5-11 (Revocation)
- R.I. Gen. Laws § 33-7-26 (Self-proved wills)
- R.I. Gen. Laws § 33-25 (Elective share)
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