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.
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
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
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
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
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
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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 §5-33.3-4(b) (Funeral Planning Agent Designation))
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.
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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.
Also for Rhode Island
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Free last will and testament, valid in Rhode Island.
Rhode Island healthcare directive
Name your medical decision-maker and treatment wishes.
Rhode Island power of attorney
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Rhode Island living trust
Skip probate and keep your estate private.