With just $300, a Rhode Island resident can make a valid will. A willmaker should be at least 18 years old and of sound mind and reasoning. Couples, parents, business persons, and pet owners can make valid wills for the property in Rhode Island, another state, or country.
How Much Does it Cost to Write a Will in Rhode Island?
The average cost of writing a will in Rhode Island is $300 to $1000. The cost of writing a will depends on the complexity of the estate, the attorney’s fees, and the platform used to write a will. Platforms for creating a will include writing the will yourself, hiring LegalPen, hiring an attorney, and using online platforms to make a will.
Can I Write a Will Without a Lawyer in Rhode Island?
Yes, you can write a will without a lawyer in Rhode Island. Adults intending to write a will may write the will themselves, hire LegalPen to write their will or use online tools to write their wills.
Is It Legal to Write Your Own Will in Rhode Island?
Yes, it is legal to write your own will in Rhode Island. Adults who intend to make their will may handwrite or type it out. Handwritten will have to be in the testator’s handwriting and signed by the testator in their handwriting. The print must be signed by the testator and witnessed by two competent witnesses. In addition to these formalities, all wills must comply with the Rhode Island Laws Title 33 Probate Practice Procedure Chapter 33-5 Execution and Revocation of Wills.
Does a Will in Rhode Island need to be Notarized?
No, you do not need to notarize your will in Rhode Island. However, you may make your will ‘self-proving’ by having it notarized by a notary public. Notarizing a will speeds up the probate process by allowing validation of the will without calling witnesses to testify as to its existence.
Do I Need a Lawyer to Make a Will in Rhode Island?
No, you do not need a lawyer to make a will in Rhode Island. You can make your will with LegalPen, an online will-writing company. You can make the will yourself. However, you may consult an estate attorney in complex situations such as having property in different states, having property in various jurisdictions, and having many beneficiaries in other parts of the world.
Do I Need a Lawyer to File a Will in Rhode Island?
No, you do not need a lawyer to file a will in Rhode Island. The personal representative of the decedent’s estate may file the decedent’s will at the probate court in the town where the decedent resided before their death.
Are Online Wills Legal in Rhode Island?
Online wills are not legal in Rhode Island. Only a few states in the United States allow electronic wills. Hopefully, with time, the Rhode Island laws will evolve to include laws legitimizing online wills.
How to Include Digital Assets in a Rhode Island Will
In 2019, Rhode Island adopted the Uniform Fiduciary Access to Digital Assets Act (UFADAA), the law on the inheritance of digital assets. The law requires that a person choose a custodian of their digital assets in a will and create an inventory of their digital assets in a will. The digital assets will include the testator’s social media accounts, online social media accounts, and online bank accounts.
After making an inventory, the testator should choose a beneficiary to inherit the digital assets, leave passwords and access codes to the accounts, and give instructions on how the digital assets will be utilized.
How to Disinherit Someone in a Rhode Island Will
You can disinherit someone in Rhode Island by failing to include them in your will or by expressly stating that you do not include them as a beneficiary. You may disinherit someone for the following reasons: estrangement, lack of need, previous gifts already given to them, change in their marital status, and the beneficiary’s medical and health status.
Before disinheriting a spouse or a child in Rhode Island, you should consider the Rhode Island laws. Rhode Island is a community property state; thus, before disinheriting a spouse, one must go through the legal steps using a prenuptial or postnuptial agreement.
In Rhode Island, the laws do not condone the disinheritance of minor children, and to disinherit an adult child, you must expressly state it in your will.
How to Handle Debts and Liabilities in a Rhode Island Will
You handle your debts and liabilities in Rhode Island by enumerating them in your will. Before your wishes are acted upon in the will, property distribution, the estate debts and liabilities must be settled. To prevent your estate from being sued by debtors, you should include a list of your debts and liabilities in your Rhode Island will.
How to Provide for Minor Children in a Rhode Island Will
To provide for your minor children in Rhode Island, you should bequeath some of your assets to your children. Once you bequeath the children, you should choose a trustee who will hold the assets bequeathed to the children in trust until they become adults. Insofar as their welfare is concerned, you should appoint a guardian to care for their welfare, education, and health.
When appointing a guardian, you should leave instructions and resources to facilitate the care of your child.
How to Store Your Rhode Island Will Safely
You can store your will in a safe deposit box in your Rhode Island home. Storing your will in a safe and secure place is an important part of the will-making process. After storing your will in a safe place, you can inform a trusted family member and an executor of where you have stored it so that it can be easily accessed when needed.
How to Contest a Will in Rhode Island
You contest a will in Rhode Island by filing a claim in the probate court with the help of an estate attorney. The grounds for contesting a will are: the will was not properly signed; the decedent did not have mental capacity when creating the will; the will was made under duress, undue influence, or fraud; the will is ambiguous; and another will exists.
In Rhode Island, a will may be contested by current or past beneficiaries and individuals who would have inherited had the deceased passed away without a will.
What Are No-Contest Clauses in Rhode Island Wills?
A no-contest clause in a will provides that any person who challenges the provision of a will or brings proceedings to have a will declared invalid shall forfeit their bequest under a will if their challenge/contest fails. It serves as a deterrent to prevent estate disputes.
What is the Difference Between Probate in Rhode Island and Delaware?
In Rhode Island, the probate process is initiated by filing a petition at the probate court in the county where the decedent resides. In Delaware, the process is initiated by filing a petition with the Register of Wills in the county where the decedent lived. Additionally, Rhode Island imposes an estate tax, while Delaware does not have an estate and inheritance tax. Will Writing Service in Delaware has more information on the probate process in Delaware.
How to Handle Foreign Property in a Rhode Island Will
Before writing a will to include property in another country, such as Jamaica, South Africa, or Kenya, you should consult an estate attorney in Rhode Island and the country where the property is situated. The estate attorney in the country where the property is located may recommend that you create a valid will in the country where the property is located.
In addition to your will in the foreign country, you will create a valid will in Rhode Island that will be probated according to Rhode Island laws.
How to Make a Will for Same-Sex Couples in Rhode Island
Creating a will for same-sex couples in Rhode Island is similar to creating a will for opposite-sex couples. Couples writing a will may do so independently by consulting an attorney in Rhode Island who will ensure your will complies with the Rhode Island General Laws on Wills or by hiring LegalPen to create a valid will on your behalf. Before writing your will, couples can check out How to Write a Will in Rhode Island.
How to Plan for Pet Care in Your Rhode Island Will
Every pet owner needs to plan for their pet care in their will to avoid neglect and abandonment. You can prepare for pet care in Rhode Island by appointing someone you trust who cares for your type. After choosing a guardian for your pet, you will leave instructions for them detailing the needs of your pet, what they eat, how much they eat, the medication they require, and who their vet is. In addition to instructions, you have allocated money to cover the expenses for pet care.
How to Handle Business Succession in a Rhode Island Will
Rhode Island business owners should plan their estates to ensure their legacy lasts and outlives you. The type of business planning a business owner opts for depends on the type of business, whether it is a family business, a partnership, or a sole business. For family businesses, you should choose a family member who will take after you upon your death and empower them to take on the business.
For other types of businesses, you can hire an estate planning attorney to draft a business buy-sell agreement to transfer a business interest upon one or more triggering events as defined in the contract.
How to Handle Out-Of-State Property in a Rhode Island Will
You can include out-of-state property in your Rhode Island will. Whether you have an apartment in Delaware or a boat in Iowa, you can consist of the property in your Rhode Island Will. A will in Rhode Island will be valid in the state where the property is located.
What is the Difference Between Holographic Wills and Statutory Wills in Rhode Island
Holographic wills and statutory wills are types of wills in Rhode Island. Rhode Island does not have a statutory will or a prescribed template one must use to create their will. Holographic wills are handwritten wills. They must be written in the testator’s handwriting and signed by the testator.
Meet the Author
Annie L – Distinguished linguist at LegalPen
Annie is a distinguished linguist at LegalPen, bringing a unique blend of legal expertise and linguistic precision to her work. She earned her Juris Doctor degree from Yale University in New Haven, Connecticut, attending on a prestigious Law Faculty Merit Scholarship. At Yale, Annie showcased her exceptional skills by serving as an editor on the Yale Law Review.
Upon graduating, Annie gained invaluable experience through a two-year appellate clerkship at a renowned law firm in Connecticut. During her time in law school, she honed her research and writing abilities as a research assistant and writer for various legal firms. Annie’s deep understanding of legal language and her attention to detail make her an invaluable asset to LegalPen.