How to Make a Valid Will in Rhode Island
What Rhode Island law requires for a valid will: age, signing, witnesses, handwritten wills and self-proving affidavits.
Short answer: 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). R.I. Gen. Laws §§ 33-5-2, 33-5-5
| 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 |
More Rhode Island estate law
- Medical Power of Attorney in Rhode Island
- Small Estate Affidavit in Rhode Island
- Power of Attorney in Rhode Island
- Quitclaim Deeds and Transferring Property in Rhode Island
- Who Inherits If You Die Without a Will in Rhode Island
- How Probate Works in Rhode Island
- Living Wills and Advance Directives in Rhode Island
- Revocable Living Trusts in Rhode Island
- Executor Duties in Rhode Island
- Letters Testamentary in Rhode Island
- Affidavit of Heirship in Rhode Island
- How to Avoid Probate in Rhode Island
- Transferring a Car After Someone Dies in Rhode Island
- All Rhode Island wills, probate and estate rules
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.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.