Rhode Island Wills, Probate and Estate Law
The rules in Rhode Island for wills, inheriting without a will, probate and small estates, deeds, powers of attorney and estate taxes — each linked to the statute or official court page. Probate is handled by the Probate court of the city or town (municipal probate court).
Quick answers for Rhode Island
- Small estate affidavit
- If an estate is made up entirely of personal property worth no more than $15,000 (not counting the decedent's tangible personal property), a relative (spouse, child, grandchild, parent, sibling, niece, nephew, aunt or uncle) or other interested person who is an adult Rhode Island resident may file a verified statement with the probate court once 30 days have passed since death and no petition for letters has been filed. The filer becomes a voluntary administrator who collects the assets, pays funeral and other debts in the order set by law, and distributes the rest. The filing fee is $30 and the certificate of appointment is $5. Real estate is not covered. R.I. Gen. Laws § 33-24-1
- Handwritten (holographic) wills
- Rhode Island has no general rule recognizing handwritten, unwitnessed wills; the standard two-witness requirement applies. A narrow exception lets soldiers, airmen, mariners and sailors in the circumstances described in the statute dispose of personal property as they could under earlier law. R.I. Gen. Laws §§ 33-5-5, 33-5-6
- Transfer-on-death deed
- Rhode Island's probate title (Title 33) contains no transfer-on-death deed chapter; proposed Uniform Real Property Transfer on Death Act bills have been introduced but are not part of the General Laws. R.I. Gen. Laws Title 33 (chapter index)
- State estate or inheritance tax
- Rhode Island has an estate tax and no inheritance tax. For deaths in 2026, the estate tax credit is $87,940, which exempts the first $1,838,056 of the net taxable estate (2025: $1,802,431). The amount is adjusted every January 1 for inflation. R.I. Gen. Laws § 44-22-1.1; Division of Taxation ADV 2025-27
Last verified: 2026-10-25
Wills
| Requirements for a valid will | A person of sound mind who is 18 or older may make a will. The will must be in writing and signed by the person making it (or by someone else in their presence and at their express direction). The signature must be made or acknowledged in front of two or more witnesses present at the same time, and the witnesses must sign in the presence of the person making the will. Source: R.I. Gen. Laws §§ 33-5-2, 33-5-5 |
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| Handwritten (holographic) wills | Rhode Island has no general rule recognizing handwritten, unwitnessed wills; the standard two-witness requirement applies. A narrow exception lets soldiers, airmen, mariners and sailors in the circumstances described in the statute dispose of personal property as they could under earlier law. The military/mariner exception covers personal property only. Source: R.I. Gen. Laws §§ 33-5-5, 33-5-6 |
| Self-proving affidavit | One or more of the witnesses may sign an affidavit before a notary or other officer authorized to give oaths (in or out of state), at any time after the will is signed, stating the facts of its execution. If no one objects, the affidavit is enough evidence that the will was properly signed, so witnesses need not testify. Source: R.I. Gen. Laws § 33-7-26 |
If there is no will
| Who inherits without a will | Real estate passes first to the children (or their descendants), then to the parents, then to brothers and sisters and their descendants. A surviving spouse receives a life estate in the real estate, and the probate court may also, on a petition filed within six months after notice of the administrator's appointment is first published, award the spouse up to $150,000 of real estate outright (if not needed to pay debts). Of the personal property left after debts, the spouse receives one-half if there are children or other descendants; if there are none, the spouse receives $50,000 plus one-half of the rest. See also §§ 33-1-1, 33-1-5 and 33-1-6 for the real estate rules. |
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| Surviving spouse's share | A surviving spouse may reject what the will leaves them and instead take an elective share measured by the intestate share: a life estate (and the allowance) in real estate titled in the decedent's name alone, plus the intestate share of the probate personal property. The spouse must file a written waiver and petition in the probate court within six months after the first publication of the executor's qualification (extendable on petition, but not beyond nine months after death), and record it in any other city or town where the real estate is located. Separately, a surviving spouse has a life estate in real estate the decedent owned at death, unless it was conveyed by a deed recorded before death. Time limits appear in § 33-28-4; the life estate rule is in § 33-25-2. |
Probate
| Probate steps | The will is presented to the probate court and the executor named in it (or an administrator, if there is no will) is appointed and gives bond; notice of the appointment is published. Within 90 days after appointment (or longer if the court allows), the executor or administrator files a sworn inventory with appraised values of the personal property as of the date of death. Creditors have six months from first publication to file claims; debts are paid, accounts are filed with the court, and the estate is distributed. |
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| Simplified probate | The small estates (voluntary administration) procedure for estates of personal property up to $15,000 is the simplified option set out in the Small Estates chapter; it is reviewed by a probate judge and needs no hearing unless the judge orders one. Estates above that amount or with real estate go through regular administration. Source: R.I. Gen. Laws § 33-24-1 |
| Small estate affidavit | If an estate is made up entirely of personal property worth no more than $15,000 (not counting the decedent's tangible personal property), a relative (spouse, child, grandchild, parent, sibling, niece, nephew, aunt or uncle) or other interested person who is an adult Rhode Island resident may file a verified statement with the probate court once 30 days have passed since death and no petition for letters has been filed. The filer becomes a voluntary administrator who collects the assets, pays funeral and other debts in the order set by law, and distributes the rest. The filing fee is $30 and the certificate of appointment is $5. Real estate is not covered. Limit last amended by P.L. 2011, ch. 363. Source: R.I. Gen. Laws § 33-24-1 |
| Deadline for creditor claims | Claims must be filed with the probate court (with a copy to the executor or administrator) within six months from the first publication of notice, or they are barred. A creditor who missed the deadline through accident, mistake, excusable neglect or lack of adequate notice may ask the court for leave to file late, but only before the estate is distributed. |
| Who can be executor | An executor, administrator or guardian who lives outside Rhode Island must, before acting, appoint in writing an agent who lives in Rhode Island to accept legal papers and file that appointment with the probate court. A nonresident is generally not appointed administrator based only on being entitled to administer, unless the court finds other circumstances make it appropriate. Executors give bond; a will can waive surety (but not the bond itself), and the court may still require surety. For intestate estates, surety is not required when the administrator is the surviving spouse or sole heir, unless the court orders otherwise. |
| Finding probate court records | Probate cases in Rhode Island are heard locally by each city or town's probate court, and all probate appeals are heard in the Superior Court. Requests for probate records must be directed to the appropriate city or town clerk. |
Deeds and transferring a house
| Signing and recording a deed | A deed must be in writing, signed by the grantor, acknowledged, delivered, and recorded in the land evidence records of the city or town where the land is located. A realty conveyance tax of $3.75 per $500 of consideration applies when the price exceeds $100 (paid by the seller unless agreed otherwise). For residential property, an additional $3.75 per $500 applies to the part of the price above a threshold that is indexed yearly; for 2026 the threshold is $824,000. Tax rates: § 44-25-1 (most recently amended effective October 1, 2025) and Division of Taxation Advisory 2026-01. |
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| Transfer-on-death deed | Rhode Island's probate title (Title 33) contains no transfer-on-death deed chapter; proposed Uniform Real Property Transfer on Death Act bills have been introduced but are not part of the General Laws. Check for new legislation before relying on this. |
Power of attorney and health care directives
| Financial power of attorney | Rhode Island has a statutory short form power of attorney (the Rhode Island Short Form Power of Attorney Act). It must be in writing and acknowledged by the principal in the same way as a real estate deed (before a notary or other authorized officer). The statutory form states that it is not affected by the principal's later incompetency. Other forms may also be used. |
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| Health care directive | Health care power of attorney: an adult resident (18+) may use the statutory Durable Power of Attorney for Health Care form, signed and dated and witnessed by two qualified adult witnesses or one notary. The agent, health care providers and their employees, and community care facility operators and employees may not be witnesses, and at least one witness (or the notary) must not be a relative or heir. Living will: a competent adult may sign a declaration about life-sustaining procedures in front of two witnesses who are not related by blood or marriage; a statutory form is provided but optional. Living will rules: § 23-4.11-3. |
| Official power of attorney forms | Rhode Island has a "Statutory Short Form Power of Attorney" for financial matters (R.I. Gen. Laws 18-16-2). It must be in writing and the principal's signature must be acknowledged in the same manner as a deed of real property; powers the principal does not want to grant are struck through and initialed. For health care, the statute sets out the "Statutory Form Durable Power of Attorney for Health Care" (R.I. Gen. Laws 23-4.10-2), which is not valid unless signed by a notary public or by two qualified witnesses who are present when the principal signs or acknowledges the signature. The named agent or alternate agent, a health care provider or its employee, and the operator of a community care facility or its employee may not serve as witnesses. Health care form: https://webserver.rilegislature.gov/Statutes/TITLE23/23-4.10/23-4.10-2.htm |
Estate and inheritance tax
| State estate or inheritance tax | Rhode Island has an estate tax and no inheritance tax. For deaths in 2026, the estate tax credit is $87,940, which exempts the first $1,838,056 of the net taxable estate (2025: $1,802,431). The amount is adjusted every January 1 for inflation. Effective for deaths on or after January 1, 2026. |
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Planning documents and avoiding probate
| Living will / advance directive | Rhode Island's living will is a 'declaration' under the Rights of the Terminally Ill Act. A competent adult may sign a declaration about the use of life-sustaining procedures in the presence of two witnesses who are not related to the declarant by blood or marriage. A statutory form is provided in the law, but using it is optional. Source: R.I. Gen. Laws § 23-4.11-3 |
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| Medical power of attorney | Rhode Island uses a durable power of attorney for health care. An adult (18+) may use the statutory form, which must be signed and dated and either witnessed by two qualified adult witnesses or acknowledged before one notary. The named agent, health care providers and their employees, and operators and employees of community care facilities may not be witnesses, and at least one witness (or the notary) must not be a relative or heir of the principal. Source: R.I. Gen. Laws § 23-4.10-2 |
| Revocable living trust | Rhode Island has not adopted the Uniform Trust Code. Its fiduciary statutes (Title 18) address particular trust topics, such as trustee powers, accounting, spendthrift trusts, qualified dispositions in trust, and the Uniform Testamentary Additions to Trusts Act (which allows a will to 'pour over' property into an existing trust), while the creation, revocation and amendment of a revocable living trust are governed largely by court decisions and the trust document itself. Property transferred to the trustee during life passes under the trust terms at death without probate; property left in the decedent's own name generally must go through the city or town probate court. |
| Ways to avoid probate | Non-probate transfers available in Rhode Island: (1) No transfer-on-death deed statute for real estate. (2) Multiple-party deposit accounts, including joint accounts and payable-on-death accounts with named beneficiaries (R.I. Gen. Laws § 19-9-14.1). (3) Transfer-on-death registration of securities under the Uniform Transfer on Death Security Registration Act (R.I. Gen. Laws ch. 7-11.1). (4) Small estate (voluntary administration) for estates of personal property worth no more than $15,000, not counting tangible personal property (R.I. Gen. Laws § 33-24-1). (5) Surviving spouses, and heirs using the DMV Sole Heir Affidavit, can transfer vehicles without probate (RI DMV). (6) Revocable living trust. TOD securities: https://webserver.rilegislature.gov/Statutes/TITLE7/7-11.1/INDEX.htm; small estates: https://webserver.rilegislature.gov/Statutes/TITLE33/33-24/33-24-1.htm |
Executors and heirs
| Executor's duties | Main duties and deadlines for a Rhode Island executor or administrator: qualify and give bond (a nonresident must appoint a Rhode Island agent to accept legal papers); the probate clerk publishes notice of the qualification telling creditors to file claims; within a reasonable time after qualification, notify known or reasonably ascertainable creditors (a statutory notice form may be mailed); within 90 days after appointment (or longer if the court allows), return to the probate court a sworn inventory, with date-of-death appraised values, of the decedent's personal property and other assets other than real estate; creditors must present claims within six months from the first publication; pay debts in the order set by law; and on completion of administration file an account with the probate court (a sole beneficiary, or an executor holding releases from every beneficiary, may instead file an affidavit of completed administration). Accounts: https://webserver.rilegislature.gov/Statutes/TITLE33/33-14/33-14-1.htm |
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| Letters testamentary | Rhode Island probate is handled by the probate court of each city or town. On probate of a will, the court issues letters testamentary to the named executor if he or she is legally competent and gives the bond required by law. Without a will, administration is granted to the surviving spouse or one or more next of kin (or jointly) if suitable and competent; if they do not apply within 30 days after death, or are unsuitable or renounce, the court may appoint any suitable person on petition. Petitions must be in writing and signed, with notice given as required. Executors give bond (a will can waive sureties but not the bond itself). Rhode Island DMV accepts the probate court's original Notice of Appointment as proof of the executor's or administrator's authority. |
| Affidavit / determination of heirship | No statute. Rhode Island's probate title does not provide an affidavit of heirship or a separate heirship-determination proceeding for real estate; real estate of a person who dies without a will descends to the heirs under the rules of descent, and title questions are usually resolved through the city or town probate court proceeding. |
| Transferring a car after death | Rhode Island DMV procedures: (1) Surviving spouse: bring the original death certificate, the current registration in the deceased's name, the title (always required for model year 2001 and newer), an Application for Registration (TR-1) and a sales or use tax exemption certificate; there is no cost for a spouse. If there is a lien, the original title and a permission letter from the lender are also required. (2) Executor or administrator appointed: the original Notice of Appointment from the probate court is the only acceptable document, and the executor or administrator signs the title as seller. (3) No surviving spouse and no executor: next of kin or adult children complete the Sole Heir Affidavit (which replaces the assignment on the back of the title) and bring the original death certificate. Out-of-state vehicles need a VIN inspection by local police. Surviving spouse page: https://dmv.ri.gov/registrations-plates-titles/transfers/surviving-spouse |
Official Rhode Island forms
- Statutory Short Form Power of Attorney (statute text)
- Statutory Form Durable Power of Attorney for Health Care (statute text)
- Declaration (living will) statutory form (statute text)
- Statutory Form Durable Power of Attorney for Health Care (statute text)
- Declaration (living will) statutory form (statute text)
- RI DMV Affidavit for Assignment of Title - Sole Heir
Probate court and deed recording by county
Rhode Island estate law FAQ
What makes a will valid in Rhode Island?
A person of sound mind who is 18 or older may make a will. The will must be in writing and signed by the person making it (or by someone else in their presence and at their express direction). The signature must be made or acknowledged in front of two or more witnesses present at the same time, and the witnesses must sign in the presence of the person making the will.
Is a handwritten will valid in Rhode Island?
Rhode Island has no general rule recognizing handwritten, unwitnessed wills; the standard two-witness requirement applies. A narrow exception lets soldiers, airmen, mariners and sailors in the circumstances described in the statute dispose of personal property as they could under earlier law.
Does a will need to be notarized in Rhode Island?
One or more of the witnesses may sign an affidavit before a notary or other officer authorized to give oaths (in or out of state), at any time after the will is signed, stating the facts of its execution. If no one objects, the affidavit is enough evidence that the will was properly signed, so witnesses need not testify.
Who inherits if someone dies without a will in Rhode Island?
Real estate passes first to the children (or their descendants), then to the parents, then to brothers and sisters and their descendants. A surviving spouse receives a life estate in the real estate, and the probate court may also, on a petition filed within six months after notice of the administrator's appointment is first published, award the spouse up to $150,000 of real estate outright (if not needed to pay debts). Of the personal property left after debts, the spouse receives one-half if there are children or other descendants; if there are none, the spouse receives $50,000 plus one-half of the rest.
What is a surviving spouse entitled to in Rhode Island?
A surviving spouse may reject what the will leaves them and instead take an elective share measured by the intestate share: a life estate (and the allowance) in real estate titled in the decedent's name alone, plus the intestate share of the probate personal property. The spouse must file a written waiver and petition in the probate court within six months after the first publication of the executor's qualification (extendable on petition, but not beyond nine months after death), and record it in any other city or town where the real estate is located. Separately, a surviving spouse has a life estate in real estate the decedent owned at death, unless it was conveyed by a deed recorded before death.
What is the small estate limit in Rhode Island?
If an estate is made up entirely of personal property worth no more than $15,000 (not counting the decedent's tangible personal property), a relative (spouse, child, grandchild, parent, sibling, niece, nephew, aunt or uncle) or other interested person who is an adult Rhode Island resident may file a verified statement with the probate court once 30 days have passed since death and no petition for letters has been filed. The filer becomes a voluntary administrator who collects the assets, pays funeral and other debts in the order set by law, and distributes the rest. The filing fee is $30 and the certificate of appointment is $5. Real estate is not covered.
Is there a simplified probate process in Rhode Island?
The small estates (voluntary administration) procedure for estates of personal property up to $15,000 is the simplified option set out in the Small Estates chapter; it is reviewed by a probate judge and needs no hearing unless the judge orders one. Estates above that amount or with real estate go through regular administration.
How does probate work in Rhode Island?
The will is presented to the probate court and the executor named in it (or an administrator, if there is no will) is appointed and gives bond; notice of the appointment is published. Within 90 days after appointment (or longer if the court allows), the executor or administrator files a sworn inventory with appraised values of the personal property as of the date of death. Creditors have six months from first publication to file claims; debts are paid, accounts are filed with the court, and the estate is distributed.
How long do creditors have to file claims against an estate in Rhode Island?
Claims must be filed with the probate court (with a copy to the executor or administrator) within six months from the first publication of notice, or they are barred. A creditor who missed the deadline through accident, mistake, excusable neglect or lack of adequate notice may ask the court for leave to file late, but only before the estate is distributed.
Who can be an executor in Rhode Island?
An executor, administrator or guardian who lives outside Rhode Island must, before acting, appoint in writing an agent who lives in Rhode Island to accept legal papers and file that appointment with the probate court. A nonresident is generally not appointed administrator based only on being entitled to administer, unless the court finds other circumstances make it appropriate. Executors give bond; a will can waive surety (but not the bond itself), and the court may still require surety. For intestate estates, surety is not required when the administrator is the surviving spouse or sole heir, unless the court orders otherwise.
Does Rhode Island allow transfer-on-death deeds?
Rhode Island's probate title (Title 33) contains no transfer-on-death deed chapter; proposed Uniform Real Property Transfer on Death Act bills have been introduced but are not part of the General Laws.
What does a quitclaim deed need to be valid in Rhode Island?
A deed must be in writing, signed by the grantor, acknowledged, delivered, and recorded in the land evidence records of the city or town where the land is located. A realty conveyance tax of $3.75 per $500 of consideration applies when the price exceeds $100 (paid by the seller unless agreed otherwise). For residential property, an additional $3.75 per $500 applies to the part of the price above a threshold that is indexed yearly; for 2026 the threshold is $824,000.
What are the requirements for a power of attorney in Rhode Island?
Rhode Island has a statutory short form power of attorney (the Rhode Island Short Form Power of Attorney Act). It must be in writing and acknowledged by the principal in the same way as a real estate deed (before a notary or other authorized officer). The statutory form states that it is not affected by the principal's later incompetency. Other forms may also be used.
What are the requirements for a health care directive in Rhode Island?
Health care power of attorney: an adult resident (18+) may use the statutory Durable Power of Attorney for Health Care form, signed and dated and witnessed by two qualified adult witnesses or one notary. The agent, health care providers and their employees, and community care facility operators and employees may not be witnesses, and at least one witness (or the notary) must not be a relative or heir. Living will: a competent adult may sign a declaration about life-sustaining procedures in front of two witnesses who are not related by blood or marriage; a statutory form is provided but optional.
Does Rhode Island have an estate or inheritance tax?
Rhode Island has an estate tax and no inheritance tax. For deaths in 2026, the estate tax credit is $87,940, which exempts the first $1,838,056 of the net taxable estate (2025: $1,802,431). The amount is adjusted every January 1 for inflation.
How do I make a living will in Rhode Island?
Rhode Island's living will is a 'declaration' under the Rights of the Terminally Ill Act. A competent adult may sign a declaration about the use of life-sustaining procedures in the presence of two witnesses who are not related to the declarant by blood or marriage. A statutory form is provided in the law, but using it is optional.
How do I make a medical power of attorney in Rhode Island?
Rhode Island uses a durable power of attorney for health care. An adult (18+) may use the statutory form, which must be signed and dated and either witnessed by two qualified adult witnesses or acknowledged before one notary. The named agent, health care providers and their employees, and operators and employees of community care facilities may not be witnesses, and at least one witness (or the notary) must not be a relative or heir of the principal.
How do living trusts work in Rhode Island?
Rhode Island has not adopted the Uniform Trust Code. Its fiduciary statutes (Title 18) address particular trust topics, such as trustee powers, accounting, spendthrift trusts, qualified dispositions in trust, and the Uniform Testamentary Additions to Trusts Act (which allows a will to 'pour over' property into an existing trust), while the creation, revocation and amendment of a revocable living trust are governed largely by court decisions and the trust document itself. Property transferred to the trustee during life passes under the trust terms at death without probate; property left in the decedent's own name generally must go through the city or town probate court.
What does an executor have to do in Rhode Island?
Main duties and deadlines for a Rhode Island executor or administrator: qualify and give bond (a nonresident must appoint a Rhode Island agent to accept legal papers); the probate clerk publishes notice of the qualification telling creditors to file claims; within a reasonable time after qualification, notify known or reasonably ascertainable creditors (a statutory notice form may be mailed); within 90 days after appointment (or longer if the court allows), return to the probate court a sworn inventory, with date-of-death appraised values, of the decedent's personal property and other assets other than real estate; creditors must present claims within six months from the first publication; pay debts in the order set by law; and on completion of administration file an account with the probate court (a sole beneficiary, or an executor holding releases from every beneficiary, may instead file an affidavit of completed administration).
How do I get letters testamentary in Rhode Island?
Rhode Island probate is handled by the probate court of each city or town. On probate of a will, the court issues letters testamentary to the named executor if he or she is legally competent and gives the bond required by law. Without a will, administration is granted to the surviving spouse or one or more next of kin (or jointly) if suitable and competent; if they do not apply within 30 days after death, or are unsuitable or renounce, the court may appoint any suitable person on petition. Petitions must be in writing and signed, with notice given as required. Executors give bond (a will can waive sureties but not the bond itself). Rhode Island DMV accepts the probate court's original Notice of Appointment as proof of the executor's or administrator's authority.
Does Rhode Island have an affidavit of heirship?
No statute. Rhode Island's probate title does not provide an affidavit of heirship or a separate heirship-determination proceeding for real estate; real estate of a person who dies without a will descends to the heirs under the rules of descent, and title questions are usually resolved through the city or town probate court proceeding.
How can you avoid probate in Rhode Island?
Non-probate transfers available in Rhode Island: (1) No transfer-on-death deed statute for real estate. (2) Multiple-party deposit accounts, including joint accounts and payable-on-death accounts with named beneficiaries (R.I. Gen. Laws § 19-9-14.1). (3) Transfer-on-death registration of securities under the Uniform Transfer on Death Security Registration Act (R.I. Gen. Laws ch. 7-11.1). (4) Small estate (voluntary administration) for estates of personal property worth no more than $15,000, not counting tangible personal property (R.I. Gen. Laws § 33-24-1). (5) Surviving spouses, and heirs using the DMV Sole Heir Affidavit, can transfer vehicles without probate (RI DMV). (6) Revocable living trust.
Where can I get a power of attorney form in Rhode Island?
Rhode Island has a "Statutory Short Form Power of Attorney" for financial matters (R.I. Gen. Laws 18-16-2). It must be in writing and the principal's signature must be acknowledged in the same manner as a deed of real property; powers the principal does not want to grant are struck through and initialed. For health care, the statute sets out the "Statutory Form Durable Power of Attorney for Health Care" (R.I. Gen. Laws 23-4.10-2), which is not valid unless signed by a notary public or by two qualified witnesses who are present when the principal signs or acknowledges the signature. The named agent or alternate agent, a health care provider or its employee, and the operator of a community care facility or its employee may not serve as witnesses.
How do I search probate court records in Rhode Island?
Probate cases in Rhode Island are heard locally by each city or town's probate court, and all probate appeals are heard in the Superior Court. Requests for probate records must be directed to the appropriate city or town clerk.
How do I transfer a car title after someone dies in Rhode Island?
Rhode Island DMV procedures: (1) Surviving spouse: bring the original death certificate, the current registration in the deceased's name, the title (always required for model year 2001 and newer), an Application for Registration (TR-1) and a sales or use tax exemption certificate; there is no cost for a spouse. If there is a lien, the original title and a permission letter from the lender are also required. (2) Executor or administrator appointed: the original Notice of Appointment from the probate court is the only acceptable document, and the executor or administrator signs the title as seller. (3) No surviving spouse and no executor: next of kin or adult children complete the Sole Heir Affidavit (which replaces the assignment on the back of the title) and bring the original death certificate. Out-of-state vehicles need a VIN inspection by local police.
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