How to Make a Will in Rhode Island

A will is integral to planning your future and caring for your loved ones. Thus, when creating a will, you must do it right. The will must comply with the Rhode Island General laws. The person making the will has to be an adult of sound mind. The adult should explore the steps detailed in this article on how to write a will.  

What Are the Steps to Create a Will in Rhode Island?

The steps of creating a Rhode Island will are as follows:

1. Name your beneficiaries. You may specifically name them, or they may be relatively general;

2. List your property; list all your property, from real property to digital assets and any other property.

3. Choose an executor: this is a person who will administer your estate based on the directions in the will;

4. Choose a Conservator/Guardian for your minor children;

5. Choose a guardian for your pet;

6. Include any other notable bequests;

7. Write the will with the help of an attorney or by yourself;

8. Sign the will in front of two competent witnesses and

9. Store your will safely. 

What Happens If I Don’t Have a Will in Rhode Island?

When you do not have a will, your property is distributed according to Rhode Island’s Intestacy Laws. Intestacy laws devolve your property to your closest relatives, starting with your spouse, children, parents, and siblings. Friends, charitable organisations, colleagues, and other persons unrelated to you do not inherit under inheritance laws. 

What Are the Requirements for Writing a Last Will and Testament in Rhode Island?

The requirements for writing a last will and testament in Rhode Island are:

1. Age: The testator must be at least 18 years old;
2. Capacity: The testator must be of sound mind;
3. Signature: The will must be signed by the testator or another person under the instructions of the testator and in the presence of the testator;
4. Witnesses: The will must be signed by two competent witnesses who must be present at the signing of the will and 
5. Writing: The will must be in writing (oral and video wills are not valid in Rhode Island)

How Often Should You Review and Update Your Rhode Island Will?

You should review and update your Rhode Island will regularly. Various life circumstances may trigger this, such as the death of one of the beneficiaries, the birth of a child, the sale and purchase of property, or marriage or divorce.

How to Revise and Update Your Will in Rhode Island?

You can revise and update your will by creating a codicil for minor changes and writing a new will for major changes. The codicil is supplemental to the will and must make reference to it. The new will must revoke the existing will and be signed and witnessed like the original will. 

What Makes a Will Valid in Rhode Island?

A valid will in Rhode Island must conform with the following requirements as provided for in Section 33-5-5 of the Rhode Island General Laws :

1. Signature: The will must be signed by the testator or another person who signs under the testator’s direction.

2. Witnesses: The will must be witnessed by two or more competent witnesses. The witnesses must be present at the signing and sign the will in the presence of the testator. The witnesses should not be beneficiaries under the will lest they lose their bequest. 

3. Notarization: A will does not need to be notarized in Rhode Island. 

Can a Handwritten Will Be Valid in Rhode Island?

Yes, a handwritten will is valid in Rhode Island. It is valid if it is written in the testator’s handwriting and signed by the testator in their handwriting. The testator must sign a handwritten will. 

How Do I Sign My Rhode Island Will?

By affixing your signature, you sign your Rhode Island will at the end of the will document. The will must be signed in the presence of two witnesses. Your witnesses must sign the will. 

What Can I Include in an Online Will in Rhode Island?

A Rhode Island  resident making a will can include the following:

1. Listing Assets such as land, real estate, appliances, digital assets
2. Listing their debts and liabilities, including but not limited to loans
3. Appointing an executor: an executor will administer your estate on your behalf upon your demise. 
4. Make a list of your beneficiaries, such as your spouse, child, father, mother, and siblings of your close relatives. 
5. Appointing a guardian for your minor children who will be responsible for caring for them, including looking after their health and education. 
6. Designating specific bequests
7. Making provision for digital assets
8. Specifying outstanding debts and liabilities
9. Stipulating funeral and burial instructions

Types of Assets Covered in a Rhode Island Will

The assets covered in a Rhode Island  will include:

1. Personal Property, including furniture, electronics, paintings, boats, planes
2. Real Property such as apartments, land, Airbnbs 
3. Money in Bank accounts, savings in saccos
4. Digital Assets, including social media profiles, online accounts such as YouTube accounts
5. Intellectual property such as trademarks, patents, copyrights, and royalties
6. Investments such as mutual funds, stocks, bonds, and retirement accounts, among others 

Property that is owned jointly is not included in a will. 

Can I Revoke or Change My Will in Rhode Island?

Yes, you can revoke or change your will in Rhode Island. Minor changes to a will may be made by an instrument known as a codicil, executed the same way as the original will.  You can make major changes to a will by drafting a new will which revokes an existing will and makes substantial changes to the existing will. The latest will shall be dated, signed by the testator, and witnessed by two competent witnesses. 

How Do You Revoke or Change Your Will in Rhode Island? 

In Rhode Island, you can revoke or change your will in Rhode Island by:

1. Writing a new will that revokes the existing will;

2. By making another document that revokes an existing will;

3. By destroying the will by tearing, burning, or obliterating it by the testator or by the testator ordering someone to revoke the will on their behalf.

For the revocation of a will to be considered valid, one must have the intention to revoke the will, and one must voluntarily revoke the will.

However, some life circumstances, such as marriage, may implicitly revoke a will. Thus, a newlywed couple should create a new will since marriage revokes a will made before marriage. 

Can I Make a Digital or Electronic Will in Rhode Island?

Yes, you can make a digital or electronic will in Rhode Island. However, for it to be valid, it has to be printed for signing by the testator and witnessed by two competent witnesses. The justification for printing a will is that Rhode Island does not accept electronic wills. 

Who Can Witness a Will in Rhode Island?

The witness requirements in Rhode Island are that:

1. The witness must be an adult of at least 18 years;
2. They should be capable of understanding their role as a witness;
3. They should not be beneficiaries of the will. 

Should My Will Name an Executor?

Yes, your will should name an executor. The executor ensures the wishes in your will are carried out after death. When your will fails to appoint an executor upon your death, the probate court will appoint a personal representative who will carry out your wishes upon your death.

What Are the Rhode Island Will Executor Requirements?

For one to be a will executor in Rhode Island, they should:

1. Be an adult of at least 18 years;
2. Not be adjudged bankrupt; and 
3. Be generally responsible adults. 

What Happens to a Will After Death in Rhode Island?

After death in Rhode Island, the decedent’s will is filed in the probate court in the town where the decedent had resided. At the probate court, the will is proven. After it is considered valid, the executor can wrap up the estate by collecting the estate assets, paying off debts and liabilities, and distributing assets by the provisions of the will. 

What is the Impact of Marriage and Divorce on Your Rhode Island Will?

Marriage and divorce revoke a will unless the will was made in contemplation of the marriage or the divorce. Marriage revokes a will made before marriage unless the will was made in contemplation of the marriage.

Similarly, divorce revokes the provisions in a will made to a former spouse. Marriage revokes the entire will, whereas divorce revokes the specific provisions made to a spouse. 

Do All Wills in Rhode Island Have to Go Through Probate?

Yes, all wills have to go through probate. The process may differ depending on the complexity of the estate. Simple estates go through a simplified probate process, which takes a shorter period, while complex estates may go through a longer probate process which takes up to 6 months. 

Is Rhode Island a Community Property State?

No, Rhode Island is not a community property state. It is an equitable division state. Judges exercise discretion in the division of property. The factors that they consider are whether there exist prenuptial agreements, the duration of marriage, the economic circumstances of each spouse, contributions made by each spouse to the acquisition of property, and whether there are children in the union. 

How is Rhode Island intestate succession Done?

Rhode Island intestate succession is done according to the Rhode Island intestacy laws. The intestacy laws are as follows:

1. When the decedent leaves behind a spouse, but no children, the first $50,000 of the personal property goes to the spouse, half of the balance of the personal property goes to the spouse, and up to $150,000 of real property value goes to the spouse.

2. When the decedent leaves behind a spouse and children, half of the personal property goes to the spouse, up to $150,000 of real property value, and the spousal right to use real property to live. The balance of the estate is split evenly among the children.

3. When the decedent leaves children but no spouse, the entire estate is split evenly among the children.

How is Estate and Inheritance Tax in Rhode Island Done?

Rhode Island does not impose an inheritance tax. However, it imposes an estate tax. The estate tax is imposed on the value of a deceased person’s estate before the estate is distributed. As of 2024, the Rhode Island estate exemption is $1.7 million.