How to write a will in Rhode Island

Understanding Rhode Island Will Requirements

Rhode Island has specific legal requirements for creating a valid will. You must be at least 18 years old and of sound mind, meaning you understand what you own, who your natural beneficiaries are, and the implications of creating a will. The document must be signed by you (the testator) and witnessed by at least two competent individuals who are not beneficiaries in the will. Unlike some states, Rhode Island does recognize handwritten (holographic) wills even if they're not witnessed, though witnessed wills are much easier to validate in probate court.

The witnesses should watch you sign the will and then sign it themselves in your presence. While notarization isn't required for the will itself, many Rhode Island attorneys recommend adding a self-proving affidavit—a notarized statement from you and your witnesses that confirms the will was properly executed. This saves time when the will goes through probate at one of Rhode Island's 39 city and town probate courts, such as the Providence Probate Court at 25 Dorrance Street or the Newport Probate Court on Broadway.

DIY vs. Attorney-Assisted Wills

You can create your own will in Rhode Island using online templates, software programs, or handwriting it yourself. Simple wills for people with straightforward estates (under $100,000 in assets, no complex property ownership, and clear beneficiary wishes) can often be done without legal help. Resources like the Rhode Island Bar Association's Lawyer Referral Service at (401) 421-7758 can connect you with attorneys if you have questions.

However, hiring a Rhode Island attorney is advisable if you own property in multiple states, have a blended family, own a business, want to create trusts, have minor children requiring guardianship designations, or possess substantial assets. Estate planning attorneys in Providence, Warwick, Cranston, and other Rhode Island cities typically charge between $300 and $1,500 for basic wills, with costs increasing for more complex estate planning needs. Many attorneys offer package deals for couples creating wills together.

What to Include in Your Rhode Island Will

Your will should clearly identify you with your full legal name and Rhode Island address. Name an executor—the person who will manage your estate through probate. This should be someone trustworthy and organized, and you should ask them first before naming them. Specify how you want your assets distributed, being as specific as possible about items like real estate in communities like Barrington, East Greenwich, or Narragansett, bank accounts, vehicles, and personal property.

If you have minor children, naming a guardian is critical. Rhode Island probate courts will consider your wishes, though they ultimately decide based on the child's best interests. Include specific gifts (like your Federal Hill condo or your boat docked at Point Judith) and residuary clauses that cover everything else. You can also include funeral preferences, though these aren't legally binding. Consider naming alternate beneficiaries and executors in case your first choices predecease you or cannot serve.

Storing and Updating Your Will

Once signed and witnessed, keep your original will in a safe, accessible place. Many Rhode Island residents use fireproof safes at home, safe deposit boxes at banks like BankNewport or Navigant Credit Union, or file them with their local probate court. If you store it in a safe deposit box, ensure your executor can access it—some banks seal boxes immediately upon death notification. Tell your executor where to find the will.

Review and update your will every 3-5 years or after major life events like marriages, divorces, births, deaths, significant asset changes, or moves. Rhode Island law automatically revokes provisions for divorced spouses, but you should update the document anyway. To make changes, create a codicil (amendment) with the same formalities as the original will, or create an entirely new will that explicitly revokes all previous versions.

Common Mistakes to Avoid

Don't use witnesses who are beneficiaries in your will—this can invalidate their inheritance under Rhode Island law. Never staple, paperclip, or mark up your signed will, as alterations can raise questions about validity or suggest revocation. Avoid vague language like "my friend gets my jewelry"—be specific about who gets what. Don't assume verbal wishes matter; Rhode Island probate courts only recognize written, properly executed wills.

Many Rhode Islanders mistakenly believe joint ownership solves everything, but jointly owned property with rights of survivorship bypasses wills entirely, which may not align with your overall estate plan. Don't forget to coordinate beneficiary designations on retirement accounts and life insurance policies with your will's instructions, as these assets typically transfer outside of probate.

Frequently Asked Questions