Rhode Island wills
How to make a will in Rhode Island
What Rhode Island law requires for a valid will, how to sign it, and whether you can sign online. Updated for 2026.
Rhode Island will requirements at a glance
| Who can make a will | Anyone 18 or older and of sound mind |
|---|---|
| Witnesses | Two adult witnesses |
| Notary instead of witnesses | No |
| A beneficiary as witness | Don't use one (see below) |
| Handwritten (holographic) wills | Not valid |
| Self-proving affidavit | Available, with a form in state law |
| Electronic wills | Not allowed |
| Witnesses by live video | No; witnesses must be present |
| Online notarization for wills | Not clearly allowed |
| File your will with the court while living | No |
| State estate or inheritance tax | Estate tax over $1,838,056 |
How to sign a will in Rhode Island
- Print your will and read every word. Fill in any blanks in ink, but don't sign yet.
- Choose two adult witnesses who receive nothing under your will and aren't married to anyone who does.
- Sign and date your will in front of both witnesses, at the same time. Then each witness signs while you and the other witness watch.
- Make it self-proving. You and your witnesses sign a short self-proving affidavit in front of a notary, so the court won't need to find your witnesses later. (R.I. Gen. Laws 33-7-26 (affidavit of one or more subscribing witnesses before an officer, made any time after execution; sufficient proof absent objection))
- Store the original safely and tell your executor where it is.
Who can make a will
Anyone 18 or older and of sound mind.
Witness rules
The testator signs or acknowledges the signature in the presence of two or more witnesses who are present at the same time. The witnesses attest and subscribe in the testator's presence. No attestation clause is required (R.I. Gen. Laws 33-5-5).
If a witness inherits: Any gift to an attesting witness (or anyone claiming under them) is void as to that witness, with no exception for extra witnesses; the witness remains competent to testify (R.I. Gen. Laws 33-6-1).
Handwritten wills
Not recognized; all wills need two witnesses (33-5-5). Exception: military/mariner personal-estate wills under 33-5-6.
Self-proving affidavit
Rhode Island lets you and your witnesses sign a self-proving affidavit, so the court can accept your will without contacting your witnesses. (R.I. Gen. Laws 33-7-26 (affidavit of one or more subscribing witnesses before an officer, made any time after execution; sufficient proof absent objection))
Can I sign my will online in Rhode Island?
No. No Rhode Island statute authorizes electronic wills or remote witnessing; witnesses must be present at the same time.
Print your will and sign it on paper with your witnesses in the same room.
Online notarization: The RON statute does not mention wills. Execution still requires witnesses physically present together, and no authority addresses remotely notarizing a 33-7-26 witness affidavit. (R.I. Gen. Laws 42-30.1-12.1 (P.L. 2022, ch. 438/439), effective 2022-06-30)
Good to know in Rhode Island
Rhode Island voids any gift to an attesting witness even if other witnesses also signed, so never use a beneficiary (or a beneficiary's family member) as a witness. Probate courts no longer keep wills for safekeeping: the deposit sections (33-7-1 to 33-7-4) are repealed, and 33-7-7.1 (2008) directs courts to return deposited wills.
Estate and inheritance taxes
Rhode Island has a state estate tax on estates worth more than about $1,838,056 (2026). The federal estate tax applies only to estates over $15,000,000 per person in 2026, and gifts to charity are deductible.
Rhode Island will questions
Does a will need to be notarized in Rhode Island?
No. Two witnesses make a Rhode Island will valid. A notary is needed only for the optional self-proving affidavit, which lets the court accept your will without contacting your witnesses.
Are handwritten wills legal in Rhode Island?
Not recognized; all wills need two witnesses (33-5-5). Exception: military/mariner personal-estate wills under 33-5-6.
Can a beneficiary witness a will in Rhode Island?
Any gift to an attesting witness (or anyone claiming under them) is void as to that witness, with no exception for extra witnesses; the witness remains competent to testify (R.I. Gen. Laws 33-6-1).
Can I make a will online in Rhode Island?
You can write your will online for free with MyLastWill, then print it and sign it with your witnesses. Rhode Island doesn't allow electronic wills, so the will must be signed on paper.
Does Rhode Island have an estate or inheritance tax?
Rhode Island has a state estate tax on estates worth more than about $1,838,056 (2026). The federal estate tax applies only to estates over $15,000,000 per person in 2026, and gifts to charity are deductible.
Sources
- R.I. Gen. Laws 33-5-2 - Testamentary capacity
- R.I. Gen. Laws 33-5-5 - Execution of will
- R.I. Gen. Laws 33-5-6 - Persons in military service
- R.I. Gen. Laws 33-6-1 - Gifts to attesting witnesses
- R.I. Gen. Laws 33-7-26 - Proof of purported will
- R.I. Gen. Laws 33-7-7.1 - Disposition of wills held by probate courts
- R.I. Gen. Laws ch. 33-7 index
- R.I. Gen. Laws 42-30.1-12.1 - Notarial act for remotely located individual
Last reviewed October 24, 2026 against Rhode Island statutes. Laws change, and this is general information, not legal advice. For advice about your situation, talk with a Rhode Island attorney.
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