Rhode Island Last Will and Testament

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Rhode Island Last Will and Testament

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Last updated May 30th, 2026

A Rhode Island last will and testament is a document that records a person’s preferences for the distribution of their assets after death. It specifies who should receive their assets, designates an individual responsible for settling their estate with the probate court, and may nominate guardians for children or dependents.

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A Rhode Island last will and testament is a document that records a person’s preferences for the distribution of their assets after death. It specifies who should receive their assets, designates an individual responsible for settling their estate with the probate court, and may nominate guardians for children or dependents.

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State Laws

  • Minimum Age – 18.[1]
  • Signing Requirements – Testator and two witnesses.[2]
  • How to Revoke – Destroying original will, creating new will or revocation statement, or marriage.[3]

Probate in Rhode Island

Petition for Probate of Will

To probate a will and obtain Letters Testamentary (authority to administer estate), the petitioner must obtain a hearing by providing the probate court with the following[4]:

If the decedent was 55 or older, the Petition and death certificate must also be sent to the EOHHS.[5] The petitioner must publish a hearing notice, mail it to interested parties, and file it with the court along with Advertising – Section B (PC-9.1), and proof of mailing.[6] At the hearing, the court will issue Letters, and the petitioner must file an Acceptance (PC-3.4) to accept their appointment.[7]

After posting bond and obtaining Letters at the hearing, the executor must send a Notice of Commencement of Probate (PC-9.9) to creditors (and the EOHHS if applicable), pay estate debts, and file the following[8]:

Once the required documents are filed, the executor may distribute assets. Certificate of Devise or Descent (PC-10.6) must be filed in court and the land records office for real estate transfers.[9]

Small Estates

Small estates (estates only containing personal property with a total value of $15,000 or less) can be settled without full probate administration by filing a Petition for Voluntary Informal Administrator.[10]

Sources

  1. § 33-5-2
  2. § 33-5-5
  3. § 33-5-10
  4. §§ 33-22-2, 33-7-5
  5. § 40-8-15(g)
  6. §§ 33-22-11, 33-22-3
  7. § 33-8-1
  8. §§ 33-11-5.1, 33-11-5.2, 33-9-1, 33-3-14, 33-12-1, 33-14-1, 33-13-11
  9. §§ 33-3-14, 33-9-29
  10. § 33-24-1(a)