Estate plan

Rhode Island

Everything to plan your estate in Rhode Island: execution requirements, the documents we generate, statutory citations, and the exact wording our generators insert.

Plan your Rhode Island estate in 20 minutes

Will, living trust, durable power of attorney, and healthcare directive. All four documents, all valid in Rhode Island, all for $29/year.

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Rhode Island content last reviewed May 18, 2026.

Will

2W

Trust

POA

N

HC Directive

2W

E-will

Not adopted

RON

Limited

Since 2022, not all documents

ROW

Not allowed

Remote online witnessing

Community property

No

Minimum age

18

NW + N = N witnesses + notarizationNW = N witnesses, no notarizationN = notarization, no witnesses = no formal requirements
1

Will

R.I. Gen. Laws §33-5-1 et seq.

Witnesses: 2 required

Two credible witnesses must be present at the same time when the testator signs or acknowledges the will, and must subscribe in the testator's presence (R.I. Gen. Laws §33-5-5)

Notarization: Recommended

Not legally required, but recommended for self-proving affidavit

Holographic will: Not valid

Rhode Island does not recognize handwritten wills without witnesses

Self-proving affidavit: Available

Allows the will to be admitted to probate without witness testimony

2

Living Trust

Witnesses: None required

No formal execution requirements beyond settlor signature; notarization strongly recommended when funding real property

Notarization: Recommended

Not legally required for the trust document, but needed to transfer real property

3

Durable Power of Attorney

Witnesses: None required

No witnesses required for power of attorney

Notarization: Required

Notarization is required for a valid durable power of attorney

State-specific notes

Acknowledged in the manner prescribed for the acknowledgement of a conveyance of real property. R.I. Gen. Laws §18-16-2(b)
Durability is achieved by an express clause; Rhode Island has not adopted the Uniform Power of Attorney Act, so no statutory presumption of durability applies absent an express durability provision
The statutory short form requires the exact wording of clause First to qualify as a §18-16-2 short form. R.I. Gen. Laws §18-16-2(e)
ViewStatutory warning notice
STATUTORY WARNING (R.I. Gen. Laws §18-16-2(a), (d))\n\n\nThis is an important legal document which is authorized by the general laws of this state. The powers granted by this document are broad and sweeping.\n\n\n(Rhode Island's Short Form Power of Attorney Act requires the foregoing warning to appear in boldface type or a reasonable equivalent. R.I. Gen. Laws §18-16-2(d).)\n\n\nADDITIONAL DISCLOSURES (not part of the §18-16-2(a) statutory text):\n\n\nThis Power of Attorney is NOT a durable Power of Attorney unless it contains an express durability clause. Rhode Island has not adopted the Uniform Power of Attorney Act, so durability is not presumed and must be stated on the face of the instrument.\n\n\nYour agent cannot make health-care decisions for you under this instrument. To grant health-care decision-making authority, execute a separate \"Durable Power of Attorney for Health Care\" under R.I. Gen. Laws §23-4.10-2.\n\n\nYou may revoke this Power of Attorney at any time while you are of sound mind by delivering written notice of revocation to your agent and to any third party who has relied on the Power of Attorney.\n\n\nThe law governing this Power of Attorney is contained in R.I. Gen. Laws title 18, chapter 16 (Short Form Power of Attorney Act, §§18-16-1 through 18-16-12). If there is anything about this document that you do not understand, you should ask a lawyer to explain it to you before you sign.
4

Durable Power of Attorney for Health Care

R.I. Gen. Laws §23-4.10-2

Witnesses: 2 required, or notary

Rhode Island accepts either 2 witnesses or notarization

Notarization: Accepted as alternative

May be acknowledged before a notary public in lieu of two witnesses; the notary or witnesses must be present when the principal signs or acknowledges the signature. R.I. Gen. Laws §23-4.10-2

State-specific notes

Witnesses cannot be the agent or healthcare providers
At least one witness or the notary must declare under penalty of perjury that they are not related to the principal by blood, marriage, or adoption, and, to the best of the declarant's knowledge, are not entitled to any part of the estate of the principal upon the death of the principal under a will now existing or by operation of law (R.I. Gen. Laws §23-4.10-2)
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6 more documents with a subscription

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Funeral Planning Agent Designation

Names the agent who controls funeral, burial, or cremation decisions, with optional preferences.

In this state: Rhode Island recognizes a statutory Funeral Planning Agent Designation; we follow that form. (R.I. Gen. Laws §5-33.2-24 (priority order for control of disposition of remains; designated agent takes precedence over surviving spouse/domestic partner, adult children, parents, siblings); §5-33.3-4(b) (Funeral Planning Agent Designation form; signed notarized original delivered to principal, primary agent, and alternate agent))

HIPAA Authorization

Stand-alone PHI release that survives death for the period you specify, separate from the in-life authorization in your healthcare directive.

Nomination of Conservator

Pre-nominates the person you want a court to appoint if a conservator (or guardian of the estate) is ever needed.

Business Succession Declaration

Identifies your interests in any closely-held businesses and how they should be transferred or wound down.

Real-Estate Retitling Checklist

Step-by-step instructions for transferring real-property deeds into your trust so the trust actually controls those assets.

Letter of Instruction

Non-binding personal note to your executor and family: where to find documents, account access, funeral wishes, and other practical guidance.

Free vs. paid

Free
Paid
All 4 state-specific documents
State-specific signing guide
Download as PDF, print forever
Secure online storage
Covers real estate, business, digital, and funeral wishes
Disposition of remains authorization
Standalone HIPAA authorization
Nomination of conservator
Business succession declaration
Real-estate retitling checklist
Special needs trust provisions
Letter of instruction, pre-filled and editable
Edit anytime
Annual review reminder
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Electronic will status

Rhode Island has not adopted electronic will legislation. A traditional paper will with physical signatures is required.

Digital assets access

Rhode Island has adopted RUFADAA (2019). This is the Revised Uniform Fiduciary Access to Digital Assets Act, which lets your executor, trustee, or agent access your email, social media, cryptocurrency wallets, cloud storage, and other digital accounts after death or incapacity.

To take advantage of RUFADAA, your will, trust, or power of attorney must explicitly grant authority to access digital assets. Without explicit authorization, service providers can deny access even to a court-appointed executor.

Remote online notarization (RON)

Rhode Island authorized RON in 2022.

Will

Not allowed

Trust

Allowed

POA

Allowed

Remote online witnessing (ROW)

Rhode Island does not allow remote online witnessing for estate planning documents. Witnesses must be physically present when you sign.

Will

Not allowed

Trust

Not allowed

POA

Not allowed

HC Directive

Not allowed

This information is general in nature and not legal advice. Laws change. Consult a licensed estate planning attorney in Rhode Island for guidance specific to your situation.

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