State requirements
Making a will in Rhode Island
Rhode Island requires 2 adult witnesses, does not recognize holographic wills, and offers a self-proving affidavit that speeds up probate. Every rule below is drawn from the statute.
Witnesses
2 adults
Notarization
Optional (affidavit)
Holographic wills
Not recognized
Self-proving affidavit
Available
Overview
Rhode Island has traditional will requirements. Rhode Island does NOT recognize holographic wills. Rhode Island is NOT a community property state but has elective share protections.
Key Statutes
| Statute | Citation | Summary |
|---|---|---|
| Testamentary Capacity | R.I. Gen. Laws § 33-5-2 | 18+ and of sound mind |
| Execution Requirements | R.I. Gen. Laws § 33-5-5 | Written, signed, 2 witnesses |
| Self-Proving | R.I. Gen. Laws § 33-7-26 | Available with affidavit |
| Elective Share | R.I. Gen. Laws § 33-25-2 | Life estate in real property |
Execution Requirements
RHODE ISLAND WILL REQUIREMENTS:
✓ In writing
✓ Signed by testator
✓ Attested by 2 or more witnesses
✓ Witnesses sign in testator's presence
⚠️ NO holographic wills recognized
Elective Share
RHODE ISLAND ELECTIVE SHARE:
- Life estate in real property owned at death
- Outright share of personal property
- Must elect within 6 months
Rhode Island Estate Tax
RHODE ISLAND ESTATE TAX:
- Rhode Island has state estate tax
- $1.774 million exemption
- Rates vary by estate size
Checklist for Rhode Island Wills
- •[ ] Testator is 18+ and of sound mind
- •[ ] Will is written
- •[ ] Testator signed
- •[ ] 2 witnesses signed in testator's presence
- •[ ] Self-proving affidavit completed
Rhode Island will questions, answered
Can I make a will online in Rhode Island?
Yes. Rhode Island does not require a lawyer to draft a will. A will created online is valid in Rhode Island when it is properly executed — in writing, signed by a testator aged 18+ of sound mind, and witnessed by 2 adult witnesses.
How many witnesses does a will need in Rhode Island?
Rhode Island requires 2 adult witnesses. Witnesses should not be beneficiaries — an interested witness can jeopardize their gift or invite a contest.
Does Rhode Island require a will to be notarized?
No. Witnesses make a will valid in Rhode Island, not a notary. A notary is used for the optional self-proving affidavit, which lets the probate court accept the will without contacting your witnesses.
Are handwritten (holographic) wills valid in Rhode Island?
No. Rhode Island does not recognize holographic (unwitnessed handwritten) wills made in the state. Your will must be properly witnessed to be valid.
What makes a will legally valid in Rhode Island?
A valid Rhode Island will is in writing, made by a person aged 18+ of sound mind, signed by the testator, and attested by 2 adult witnesses.
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Start my will — $29This page is general information about Rhode Island law, not legal advice. Statutes change — verify current requirements or consult a licensed Rhode Island attorney for complex situations.