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Rhode Island Last Will and Testament

A Rhode Island will needs 2 witnesses, not a notary, to be valid. Make a free will template with a self-proving affidavit option. Attorney review available.

Introduction

A last will and testament is a legal document that states who receives your property when you die and names the person, called the executor or personal representative, who will administer your estate. It can also name a guardian for minor children. In Rhode Island a will is valid only if it is in writing and signed by the testator, or by someone else at the testator's express direction and in the testator's presence, and the signature is made or acknowledged before two or more witnesses who are present at the same time (R.I. Gen. Laws 33-5-5). The witnesses must attest and subscribe the will in the testator's presence, though no particular form of attestation is required. If a witness is also given a gift under the will, that gift is void as to that witness, though the witness can still testify to help prove the will (33-6-1). Rhode Island lets you attach a self-proving affidavit under 33-7-26, sworn before a notary or other officer authorized to administer oaths, so the will can be admitted to probate without locating the witnesses later. The will itself needs witnesses, not a notary. Rhode Island does not recognize handwritten, unwitnessed (holographic) wills for the general public, with a narrow exception for active-service military personnel and mariners at sea. You must be 18 and of sane mind to make a will (33-5-2). Attorney review is available as an option.

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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).

Key decisions before you file

Before you file a Last Will and Testament in Rhode Island, a few decisions shape the document: which option to choose and what each one means. The Last Will and Testament guide walks through them.

Open the Last Will and Testament guide

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RHODE ISLAND LAST WILL AND TESTAMENT

  1. DECLARATION AND REVOCATION OF PRIOR WILLS I, [FULL NAME], a resident of [CITY], Rhode Island, being of sane mind and eighteen years of age or older, declare this to be my Last Will and Testament and revoke all prior wills and codicils I have made.

  2. EXECUTOR (PERSONAL REPRESENTATIVE) APPOINTMENT I appoint [EXECUTOR NAME] of [CITY], Rhode Island, as the personal representative (executor) of my estate. If [EXECUTOR NAME] is unable or unwilling to serve, I appoint [SUCCESSOR NAME] as successor personal representative. My personal representative shall serve without bond to the extent Rhode Island law allows.

  3. DISPOSITION OF PROPERTY [INSERT specific gifts and bequests of property, cash, or personal items to named beneficiaries.]

  4. RESIDUARY CLAUSE I give all the rest and residue of my estate, of whatever kind and wherever located, to [RESIDUARY BENEFICIARY NAME], or if that person does not survive me, to [ALTERNATE BENEFICIARY NAME].

  5. ATTESTATION CLAUSE I sign this will on [DATE] in the presence of the two witnesses below, who at my request and in my presence, and in the presence of each other, sign as witnesses. R.I. Gen. Laws Section 33-5-5 requires this signature to be made or acknowledged before two or more witnesses present at the same time, who attest and subscribe the will in my presence.

[TESTATOR NAME], Testator

WITNESS ATTESTATION We, the undersigned, being two witnesses present at the same time, certify that [TESTATOR NAME] signed this instrument in our presence and declared it to be his or her Last Will and Testament, and that we, at his or her request, in his or her presence, and in the presence of each other, subscribed our names as witnesses below. No particular form of attestation is required by Rhode Island law, but we record the facts of execution here.

Witness 1 Signature, Address Witness 2 Signature, Address

  1. SELF-PROVING AFFIDAVIT (OPTIONAL) Rhode Island lets 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, under R.I. Gen. Laws Section 33-7-26. This affidavit is the one part of this document that requires a notary; the will itself does not.

State of Rhode Island, County of [COUNTY]. We, the witnesses whose names are signed above, being duly sworn, state that the testator signed this instrument and declared it to be his or her Last Will and Testament, and that we signed as witnesses in the testator's presence and in the presence of each other.

Notary Public or Officer Authorized to Administer Oaths

Note: This is a Rhode Island skeleton for a last will and testament, governed by R.I. Gen. Laws chapters 33-5, 33-6, and 33-7. Do not name a beneficiary as one of your two witnesses. Under Section 33-6-1 a gift to an attesting witness is utterly null and void, even though that witness may still testify to help prove the will. For the complete, customizable template, see the full Last Will and Testament template.

Once your Last Will and Testament is ready, you can check whether it needs to be notarized in Rhode Island in about a minute, and notarize it online through DocDraft if it does.

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).

Does your Last Will and Testament need to be notarized in Rhode Island?

Whether a Last Will and Testament needs to be notarized depends on your state. Upload yours, pick your state, and get the current rule with the official source behind it, free and with no account. If yours does need a notary, online notarization is part of your DocDraft plan.

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Frequently Asked Questions

Rhode Island requires two witnesses. Under R.I. Gen. Laws 33-5-5, the testator's signature must be made or acknowledged in the presence of 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, so do not name a beneficiary as one of your two witnesses.

No. A Rhode Island will needs two witnesses, not a notary, to be validly executed under R.I. Gen. Laws 33-5-5. A notary or other officer authorized to administer oaths is used only if you choose to attach the optional self-proving affidavit under 33-7-26, which is a separate sworn statement from the witnesses, not a requirement for the will itself.

No, not for the general public. Rhode Island requires every will to be signed before two or more witnesses under R.I. Gen. Laws 33-5-5, so an unwitnessed handwritten will is not valid. The only exception (33-5-6) is a narrow privilege letting a soldier or airman in active service, or a mariner or sailor at sea, dispose of personal estate without witnesses.

Put your wishes in writing, name an executor (personal representative) and a residuary beneficiary, and sign the will yourself (or direct someone else to sign for you in your presence) before two or more witnesses present at the same time, as R.I. Gen. Laws 33-5-5 requires. You must be 18 and of sane mind (33-5-2). Consider adding a self-proving affidavit under 33-7-26 to simplify probate later.

A valid Rhode Island will is in writing, signed by a testator who is 18 or older and of sane mind (33-5-2), and signed or acknowledged in the presence of two or more witnesses present at the same time who attest and subscribe the will in the testator's presence (33-5-5). No particular form of attestation is required, but naming a beneficiary as a witness voids that beneficiary's gift under 33-6-1.

It is a sworn statement from the subscribing witnesses, taken before a notary public or other officer authorized to administer oaths, either before or after the testator's death, under R.I. Gen. Laws 33-7-26. It serves as evidence of the will's due execution so the probate court does not need to track down and question the witnesses later. It is optional, and the notary requirement applies only to this affidavit, not the will itself.

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

Under R.I. Gen. Laws 33-5-10, you revoke a Rhode Island will by executing a later will or codicil with the same formalities, by signing a separate writing declaring an intent to revoke and executed the same way a will is executed, or by burning, tearing, or otherwise destroying the will yourself or through someone acting in your presence and at your direction, with intent to revoke. Marriage also revokes a prior will unless it was made in contemplation of that marriage (33-5-9).