State requirements
Making a will in Rhode Island
Rhode Island lists 2 witnesses, does not recognize holographic wills, and offers a self-proving affidavit that speeds up probate. These are educational source notes, not a certification of an individual document. Verify the current official rules before signing.
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Witnesses
2 witnesses
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?
You can prepare wishes online, but the method of drafting alone does not establish validity. Check Rhode Island requirements, your circumstances and the currently supported drafting scope. Professional review is separate.
How many witnesses does a will need in Rhode Island?
Rhode Island requires 2 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?
Notarization and witnessing serve different purposes. Check the rules for your particular Rhode Island document; neither action alone establishes validity. 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?
Rhode Island sets out what happens at signing: the will is in writing, the person making it is 18 or older and of sound mind, they sign it, and 2 witnesses who are not beneficiaries sign it as well. A notary is not part of that list — notarization belongs to the optional self-proving affidavit. Capacity and freedom from pressure matter as much as the formalities, and statutes change, so read the current Rhode Island source above and get local help for your circumstances.
Keep reading
All guides →Your Rhode Island wishes, thoughtfully prepared.
Start with your location and supported circumstances. A public guide does not mean generation is currently open. Professional review and signing remain separate steps.
Check drafting availabilityThis 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.