A Rhode Island last will and testament is a legal document set forth by a testator (the individual creating the will) that ensures personal and real property, fiduciary assets and/or any cash-on-hand, digital property, along with any other property or form of assets are distributed according to their wishes upon their death. On their will, a testator can set instructions on how to distribute their estate among spouses, family, friends, and even charitable organizations. Rhode Island law dictates wills must be signed by the testator in the presence of at least two (2) competent and credible witnesses; both of whom will sign the document as well. Though optional, a testator can have their will acknowledged by an authorized notary public for an extra layer of legal protection. This document may be revoked or changed at the discretion of the testator.
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Laws
Definition – (Section 33-5-1(3)) – “Will” shall extend to a testament and to a codicil and to an appointment by will, or by writing in the nature of a will, in exercise of a power.
Signing Requirements (Section 33-5-5) – Must be acknowledged by the testator in the presence of two (2) or more witnesses at the same time, and the witnesses shall attest and subscribe the will in the presence of the testator.
Statutes – Title 33 (Probate Practice and Procedure)
(Video) How to Make a Will in Rhode Island
How to Write
Step 1 – One may establish ownership of this document by simply placing the testator’s name in the first line on the document, followed by:
- Testator’s name
- City
- County
- Review of the remainder of the section
- Reading of the “Expenses and Taxes” section
Step 2 – Appointment an Executor –
- Testator may provide the name of their chosen executor
- Their City
- Their County
- State of executor’s residence
Choice of an alternate representative will ensure that there will always be a trusted representative to execute the estate in the manor in which the testator has set fourth in writing, in the event that the initially selected executor is, at any time, found to be unable to perform the estate’s distribution- Provide the following information:
- The name of the secons selected representative
- City
- County
- The second Executor’s State of residence
Step 3 – Disposition of Property to Beneficiaries:
Beneficiaries – The following information is required:
- The name of each beneficiary
- Enter a current address for each beneficiary
- State the beneficiary’s relationship to the testator
- Procure and provide the last four digits of the Social Security Number for named beneficiaries
- Enter the description(s) of any property that the testator chooses to gift to their beneficiaries
Step 4 – Review the titled sections:
- Omission
- Bond
- Discretionary Powers of Personal Representative
- Contesting Beneficiary
- Guardian Ad Litem Not Required
- Gender
- Assignment
- Governing Law
- Binding Arrangement
Step 5 – Signatures/Witnesses – All persons who shall serve as signatories, will need to be present at the signing of the document. Enter the following information:
- Testator’s name
- Date the testator’s signature – dd/mm/yyyy
- Signature of testator
- Print testator’s name
Witnesses – Witnesses must review the statement provided, then enter:
- Date the signatures – dd/mm/yyyy
- Name of testator
Witness 1 –
- Signature of witness
- Current Address
Witness 2 –
- Signature of witness
- Current Address
Step 6 – Affidavit of Testament – Must be reviewed by all and the following must be entered:
- The State
- The County
- Testator’s name
- 1st Witness’ name
- 2nd Witness’ name
- AND
- Testator’s signature
- 1st Witness signature
- 2nd Witness signature
Step 7 (Optional) – Notary Public – The remainder of the document, will be completed by the notary as required, once all signatures have been properly witnessed.
Related Forms
Download: Adobe PDF
Durable (Financial) Power of Attorney
Download: Adobe PDF, MS Word, OpenDocument