Estate plan requirements

Rhode Island

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

Requirements at a glance

DocumentWitnessesNotary
Will2 requiredRecommended
Living trustNone requiredRecommended
Power of attorneyNone requiredRequired
Healthcare directive2 required, or notaryAlternative to witnesses

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Rhode Island content last reviewed May 18, 2026.

1

Will

R.I. Gen. Laws §33-5-1 et seq.

Witnesses: 2 required

Two or more witnesses must be present at the same time when the testator signs the will or acknowledges the signature, and the witnesses must attest and subscribe the will in the testator's presence. No form of attestation and no publication is required (R.I. Gen. Laws §33-5-5; narrow exceptions for soldiers, airmen, mariners and sailors under §33-5-6, and for a will executed outside Rhode Island in the mode prescribed where it was executed or at the testator's domicile under §33-5-7).

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

R.I. Gen. Laws §33-7-26 is a proof-of-will provision, not a UPC-style self-proving affidavit. The deponents are the subscribing witnesses (or any one or more of them); the testator does not sign it. It may be executed at any time after the will is executed, before or after the testator's death, before any officer authorized to administer oaths. It operates only in the absence of objection by anyone interested in the estate; on objection the probate court may still require the oral testimony of a subscribing witness under §33-7-26(1). The affidavit body is the §33-7-26(3) statutory form, which that subdivision deems to satisfy §33-7-26(2).

State-specific notes

Marriage revokes a will made before the marriage unless it appears from the will itself that it was made in contemplation of the marriage. If you may marry after signing, say so in the will (R.I. Gen. Laws §33-5-9).
A gift to a witness is void as to that witness, though the will itself stands and the witness may still prove its execution. Executors and trustees may witness (R.I. Gen. Laws §§33-6-1, 33-6-4).
Rhode Island does not require the witnesses to sign in each other's presence, but the proof affidavit attached to this will recites that they did. Sign together, with the testator and both witnesses in one room (R.I. Gen. Laws §§33-5-5, 33-7-26).
A soldier or airman in actual military service, or a mariner or sailor at sea, may dispose of personal estate by will without the ordinary execution formalities (R.I. Gen. Laws §33-5-6).
ViewSelf-proving affidavit wording
State of Rhode Island County of _______________ In _______________, on this ______ day of ________________, 20______, before me personally appeared the undersigned, who, being duly sworn, depose and say that: they witnessed the execution of the will of {testatorName}; that the signature to the will is in the handwriting of the testator or was made by some other person for the testator, in the testator's presence and by the testator's express direction; that the testator so subscribed the will and declared the same to be the testator's last will in their presence; that they thereafter subscribed the same as witnesses in the presence of the testator and in the presence of each other; that at the time of execution of the will the testator appeared to be of sound mind and eighteen (18) years of age or over; and that the signatures of the witnesses on the will are genuine. _______________ Witness _______________ Witness Subscribed and sworn to before me on the day and date first above written. _______________ Notary Public
ViewWitness disqualification / interested-witness rule
R.I. Gen. Laws §33-6-1: a beneficial devise, legacy, estate, interest, gift, or appointment made by a will to a person who attests its execution, or to anyone claiming under that person, is null and void, excepting only charges and directions for the payment of debts; the attesting person remains admissible as a witness to prove the will. The section has no saving clause: it makes no exception for extra disinterested witnesses and gives the witness no intestate-share carve-out, so a beneficiary who witnesses a Rhode Island will forfeits the gift entirely while the will itself remains valid. Under §33-6-4, being named executor of or trustee under the will does not disqualify a person from witnessing it.
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 statutory short form (R.I. Gen. Laws §18-16-2, form requirements at §18-16-2(e))
ViewWarning notice for the principal
WARNING TO PERSON EXECUTING THIS DOCUMENT This 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. They are defined in §§ 18-16-1 to 18-16-12, both inclusive, of the general laws in chapter 18-16 entitled "Rhode Island Short Form Power of Attorney Act." The use of the short form power of attorney is strictly voluntary, and chapter 18-16 specifically authorizes the use of any other or different form of power of attorney upon mutual agreement of the parties concerned. ADDITIONAL DISCLOSURES (not part of the R.I. Gen. Laws §18-16-2(a) Notice reproduced above): This Power of Attorney is not the statutory short form described in R.I. Gen. Laws §18-16-2. Under §18-16-2(e) an instrument is a "statutory short form power of attorney" only if it is in writing, has been duly acknowledged by the principal, and contains the exact wording of clause First of the §18-16-2(a) form. This document grants its powers in its own words instead, which chapter 18-16 expressly permits: §18-16-2(c) provides that no provision of the chapter bars the use of any other or different form of power of attorney desired by the parties concerned. This Power of Attorney is durable because it says so on its face; the statutory form at R.I. Gen. Laws §18-16-2(a) carries the sentence "This power of attorney shall not be affected by the subsequent incompetency of the donor." Your 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. You 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. Chapter 18-16 is the Rhode Island Short Form Power of Attorney Act referred to in the Notice above. 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

None of the following may be used as a witness: a person designated as agent or alternate agent, a health care provider, an employee of a health care provider, the operator of a community care facility, or an employee of an operator of a community care facility (R.I. Gen. Laws §23-4.10-2)
At least one witness or the notary must further 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)
Rhode Island residency is a condition of validity. The warning at the head of the statutory form states that you must be at least eighteen (18) years of age and a resident of the state for the document to be legally valid and binding, so a recent mover or someone who spends most of the year elsewhere should confirm which state's form to use (R.I. Gen. Laws §23-4.10-2)
ViewWitness disqualification recital
R.I. Gen. Laws §23-4.10-2: the durable power of attorney for health care must be signed by two qualified adult witnesses or acknowledged before one notary public. None of the following may be used as a witness: a person designated as agent or alternate agent, a health care provider, an employee of a health care provider, the operator of a community care facility, or an employee of an operator of a community care facility. At least one of the witnesses, or the notary public, must also declare under penalty of perjury that the signer is not related to the principal by blood, marriage, or adoption and is not entitled to any part of the principal's estate under a will now existing or by operation of law; the second witness need not be disinterested. The living-will declaration under R.I. Gen. Laws §23-4.11-3(a) has its own rule and requires two subscribing witnesses who are not related to the declarant by blood or marriage.
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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)

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.

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