How to Make a Will in Rhode Island (2026 Guide)

A will made in Rhode Island must be signed by you and by 2 witnesses to be valid. Yes (R.I. Gen. Laws § 33-7-26). It lets the court accept the will without tracking down the witnesses later. Below is everything the signing cover sheet in your free Rhode Island will covers, generated from the same rules.

Make my free Rhode Island will

Rhode Island will requirements at a glance

Witnesses required	2
Self-proving affidavit	Yes
Notary required for the will	No
Notary for the affidavit	Yes
Holographic wills recognized	No
Electronic wills recognized	No
Remote witnessing allowed	No
Community property state	No
Personal property memorandum	No
No-contest clause	Limited
Will execution statute	R.I. Gen. Laws § 33-5-5
Financial POA statute	R.I. Gen. Laws § 18-16-1 et seq. (Rhode Island Short Form Power of Attorney Act; statutory form at § 18-16-2)
Healthcare directive statute	R.I. Gen. Laws § 23-4.10-1 et seq. (Health Care Power of Attorney Act; form at § 23-4.10-2) and § 23-4.11-1 et seq. (Rights of the Terminally Ill Act; living will declaration)

Witnesses

Two witnesses. The will must be in writing, signed by the testator at the foot or end (or by another in the testator's presence and by the testator's direction); the signature must be made or acknowledged in the presence of two or more witnesses present at the same time, who must attest and subscribe the will in the presence of the testator (R.I. Gen. Laws § 33-5-5). Use adult witnesses who take nothing under the will: a gift to an attesting witness (or the witness's spouse) is void unless there are two other disinterested witnesses, although the interested witness may still take what he or she would have received by intestacy (R.I. Gen. Laws § 33-6-1). Both witnesses must be present together; sign in one sitting.

Do you need a notary in Rhode Island?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Self-proving affidavit

Yes (R.I. Gen. Laws § 33-7-26). It lets the court accept the will without tracking down the witnesses later. What a self-proving affidavit does.

How to sign your will in Rhode Island

1. Read the signing cover sheet. It is generated with your will and lists every requirement below in checklist form.
2. Gather your witnesses. You need 2 adult witnesses who are not beneficiaries. Two witnesses. The will must be in writing, signed by the testator at the foot or end (or by another in the testator's presence and by the testator's direction); the signature must be made or acknowledged in the presence of two or more witnesses present at the same time, who must attest and subscribe the will in the presence of the testator (R.I. Gen. Laws § 33-5-5). Use adult witnesses who take nothing under the will: a gift to an attesting witness (or the witness's spouse) is void unless there are two other disinterested witnesses, although the interested witness may still take what he or she would have received by intestacy (R.I. Gen. Laws § 33-6-1). Both witnesses must be present together; sign in one sitting.
3. Sign in front of your witnesses. Declare that the document is your will, sign at the end, and have the witnesses sign while you are all together.
4. Complete the self-proving affidavit before a notary. Optional but strongly recommended (R.I. Gen. Laws § 33-7-26). Many people sign the will and the affidavit at the notary's office in one sitting.
5. Store the original safely. Keep the original in a safe, fireproof place your executor can access without a court order; a safe-deposit box may be sealed at death. Tell your executor where it is and give them a copy. Rhode Island has no general statute for lifetime deposit of a will with the probate court.
6. Tell your executor. Your executor needs to know the will exists and where it is. Give them the Executor Information Sheet.

Your spouse's rights

A surviving spouse cannot be completely disinherited. The spouse may elect to take a life estate in all real estate the decedent owned at death in place of any devise (R.I. Gen. Laws § 33-25-2 et seq.), and receives a personal property allowance and support during administration (R.I. Gen. Laws §§ 33-1-6, 33-10-3). Rhode Island's statutory share is narrower than most states'; have an attorney review any plan that limits a spouse's share.

Homestead

No special restriction on devising a homestead by will beyond the surviving spouse's life estate election in real property (R.I. Gen. Laws § 33-25-2); the homestead exemption from creditors is $500,000 (R.I. Gen. Laws § 9-26-4.1).

If you die without a will in Rhode Island

If you die without a will in Rhode Island, your spouse takes a life estate in your real property (R.I. Gen. Laws § 33-1-5) and, if you leave no issue, may petition for up to $150,000 of real estate outright (R.I. Gen. Laws § 33-1-6). Of your personal property, the spouse takes half if you leave issue, or the first $50,000 plus half if you leave no issue (R.I. Gen. Laws § 33-1-10). The rest passes to issue, then parents, then siblings (R.I. Gen. Laws §§ 33-1-1, 33-1-10). More on intestacy.

Other estate-planning documents in Rhode Island

• Durable financial power of attorney: R.I. Gen. Laws § 18-16-1 et seq. (Rhode Island Short Form Power of Attorney Act; statutory form at § 18-16-2). A statutory short form power of attorney must be signed by the principal and acknowledged before a notary public (R.I. Gen. Laws § 18-16-2). Witnesses are not required by statute; two adult witnesses are recommended. Record it with the recorder of deeds of the city or town before using it for real estate.
• Advance healthcare directive: R.I. Gen. Laws § 23-4.10-1 et seq. (Health Care Power of Attorney Act; form at § 23-4.10-2) and § 23-4.11-1 et seq. (Rights of the Terminally Ill Act; living will declaration). A durable power of attorney for health care must be signed by the principal and either signed by two adult witnesses or acknowledged before a notary public (R.I. Gen. Laws § 23-4.10-2). A witness may not be the agent, the principal's health care provider or an employee of the provider, or the operator or an employee of a community care facility; at least one witness must be neither related to the principal nor entitled to any part of the estate. The statute directs that the power be in substantially the statutory form. A living will declaration must be signed before two adult witnesses (R.I. Gen. Laws § 23-4.11-3).
• HIPAA authorization: HIPAA authorization is governed by federal law (45 C.F.R. § 164.508); no state-specific execution formality. Sign and date it; no witnesses or notary are required, though notarization does no harm.
• Personal property memorandum: None — not authorized by statute; gifts of tangible property should be made in the will itself.

Rhode Island notes

• Rhode Island's spousal protection is a life estate in real property rather than a fractional share of the whole estate (R.I. Gen. Laws § 33-25-2).
• Rhode Island does not recognize holographic (unwitnessed handwritten) wills or a separate personal property memorandum; list gifts of specific items in the will itself.

Frequently asked questions

How many witnesses does a will need in Rhode Island?

Rhode Island requires 2 witnesses (R.I. Gen. Laws § 33-5-5). Two witnesses. The will must be in writing, signed by the testator at the foot or end (or by another in the testator's presence and by the testator's direction); the signature must be made or acknowledged in the presence of two or more witnesses present at the same time, who must attest and subscribe the will in the presence of the testator (R.I. Gen. Laws § 33-5-5). Use adult witnesses who take nothing under the will: a gift to an attesting witness (or the witness's spouse) is void unless there are two other disinterested witnesses, although the interested witness may still take what he or she would have received by intestacy (R.I. Gen. Laws § 33-6-1). Both witnesses must be present together; sign in one sitting.

Does a will need to be notarized in Rhode Island?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Does Rhode Island have a self-proving affidavit?

Yes (R.I. Gen. Laws § 33-7-26). It lets the court accept the will without tracking down the witnesses later.

Are handwritten (holographic) wills valid in Rhode Island?

Rhode Island does not generally recognize unwitnessed handwritten wills. Use a typed, witnessed will.

Can I disinherit my spouse in Rhode Island?

A surviving spouse cannot be completely disinherited. The spouse may elect to take a life estate in all real estate the decedent owned at death in place of any devise (R.I. Gen. Laws § 33-25-2 et seq.), and receives a personal property allowance and support during administration (R.I. Gen. Laws §§ 33-1-6, 33-10-3). Rhode Island's statutory share is narrower than most states'; have an attorney review any plan that limits a spouse's share.

What happens if I die without a will in Rhode Island?

If you die without a will in Rhode Island, your spouse takes a life estate in your real property (R.I. Gen. Laws § 33-1-5) and, if you leave no issue, may petition for up to $150,000 of real estate outright (R.I. Gen. Laws § 33-1-6). Of your personal property, the spouse takes half if you leave issue, or the first $50,000 plus half if you leave no issue (R.I. Gen. Laws § 33-1-10). The rest passes to issue, then parents, then siblings (R.I. Gen. Laws §§ 33-1-1, 33-1-10).

Is a no-contest clause enforceable in Rhode Island?

Rhode Island has no statute on no-contest clauses. Rhode Island courts have enforced them but construe them strictly against forfeiture. Treat a good-faith contest with probable cause as uncertain.

Statutes cited are for reference and may have been amended. This page is general information, not legal advice.