Rhode Island Last Will and Testament

Introduction

Key Things to Know

1. 1

   A last will and testament is a legal document that states who receives your property and names the executor (personal representative) who will administer your estate after you die. It can also name a guardian for minor children.

2. 2

   Rhode Island requires two witnesses. Under R.I. Gen. Laws 33-5-5, the testator signs or acknowledges the will before two or more witnesses present at the same time, and the witnesses must attest and subscribe the will in the testator's presence. Under 33-6-1, a gift to an attesting witness is utterly null and void, though the witness remains competent to prove the will, so avoid naming a beneficiary as a witness.

3. 3

   Rhode Island recognizes a self-proving affidavit. Under 33-7-26, the subscribing witnesses can sign a sworn affidavit before a notary public or other officer authorized to administer oaths, before or after the testator's death, which serves as evidence of due execution and can speed up probate.

4. 4

   Handwritten, unwitnessed wills are not valid for most people in Rhode Island. Every will must meet the two-witness requirement in 33-5-5. The only exception is a narrow privilege for soldiers, airmen in active service, and mariners at sea to dispose of personal estate without witnesses (33-5-6).

5. 5

   The will itself needs witnesses, not a notary. Rhode Island's execution statute (33-5-5) requires two witnesses; a notary is used only if you choose to attach the optional self-proving affidavit under 33-7-26.

6. 6

   You must be 18 and of sane mind. R.I. Gen. Laws 33-5-2 lets any person of sane mind who is eighteen years or older devise, bequeath, or dispose of real and personal estate by will.

7. 7

   You can revoke a Rhode Island will by a later will or codicil executed with the same formalities, by a signed writing executed like a will declaring an intent to revoke, or by burning, tearing, or otherwise destroying it with intent to revoke (33-5-10). Marriage also revokes a prior will unless it was made in contemplation of that marriage (33-5-9).

Rhode Island Requirements for Last Will and Testament

• Sign Before Two Witnesses

  A Rhode Island will must be signed by the testator, or by another person at the testator's express direction and in the testator's presence, with the signature made or acknowledged before two or more witnesses present at the same time (R.I. Gen. Laws 33-5-5). No particular form of attestation is required.

• Witnesses Must Attest and Subscribe in the Testator's Presence

  The two witnesses must attest and subscribe the will in the testator's presence, per R.I. Gen. Laws 33-5-5. This is a formality step separate from simply being present when the testator signs.

• Do Not Name a Beneficiary as a Witness

  Under R.I. Gen. Laws 33-6-1, a gift to an attesting witness is utterly null and void as to that witness, although the witness remains competent to testify and prove the will. Choose witnesses who receive nothing under the will.

• No Notary Required for the Will Itself

  Rhode Island requires two witnesses, not a notary, to validly execute a will (R.I. Gen. Laws 33-5-5). A notary or other officer authorized to administer oaths is needed only for the optional self-proving affidavit.

• Self-Proving Affidavit Is Available (Notary Required for It)

  Rhode Island recognizes a self-proving affidavit under R.I. Gen. Laws 33-7-26. The subscribing witnesses swear to the facts of execution before a notary public or other officer authorized to administer oaths, before or after the testator's death, which can simplify probate.

• Handwritten (Holographic) Wills Are Not Recognized

  Rhode Island does not recognize unwitnessed handwritten wills for the general public; every will must meet the two-witness rule in 33-5-5. The only exception (33-5-6) is a narrow privilege for soldiers, airmen in active service, and mariners at sea to dispose of personal estate without witnesses.

• Minimum Age and Testamentary Capacity

  The testator must be 18 years or older and of sane mind, per R.I. Gen. Laws 33-5-2, to devise, bequeath, or dispose of real and personal estate by will.

• Revoking a Rhode Island Will

  A Rhode Island will is revoked by a later will or codicil executed with the same formalities, by a signed writing declaring an intent to revoke and executed the same way a will is executed, or by burning, tearing, or otherwise destroying it with intent to revoke (33-5-10). Marriage also revokes a prior will unless it was made in contemplation of that marriage (33-5-9).