Wills in Rhode Island: Foundations of Your Estate Plan

For many families, a Last Will and Testament is the first - and sometimes only -  estate planning document they ever sign. While revocable trusts have become the primary planning tool for many Rhode Islanders, a well-drafted will still plays a crucial role in nearly every comprehensive estate plan. Whether you own a single home in Coventry or Barrington, or multiple properties across New England, your will determines who receives your assets, who takes care of your minor children, and who is placed in charge of wrapping up your final affairs.
Too often, people think of a will as something they can “get around to later,” or they rely on a generic online template that doesn’t comply with Rhode Island law. That choice can leave their families in a costly, time-consuming probate process - or worse, with state law deciding who gets what, rather than their wishes.
This article breaks down how wills work in Rhode Island, why they still matter even when you have a trust, and the key legal requirements you need to understand before signing one.

1. What a Will Does (and Doesn’t Do) in Rhode Island
A will is a written document that directs how your probate property will be distributed when you die. It only takes effect upon your death, and it only governs property that is subject to probate - that is, assets that don’t already pass to someone else through joint ownership, beneficiary designations, or a trust.

Typical provisions of a Rhode Island will include:

• Naming beneficiaries who will receive your property after debts, taxes, and expenses are paid.
• Appointing an executor (also called a personal representative) to manage your estate through the probate court.
• Nominating guardians for your minor children (R.I.G.L. § 33-15.1-7).
• Including “pour-over” language to transfer any assets that weren’t retitled into your trust during your lifetime into your revocable trust at death.
  
  

It’s just as important to understand what a will doesn’t do. A will does not avoid probate. In Rhode Island, if you own property in your own name at the time of your death - even if you have a valid will - your executor must file the will with the probate court and open a probate estate. The process typically involves notifying heirs and creditors, filing inventories and accountings, and obtaining court approval for distributions.

2. Why Wills Still Matter - Even When You Have a Trust
Many Rhode Islanders use a revocable living trust as their primary planning tool to avoid probate and simplify administration. But even if you have a trust, a “pour-over will” is still an essential companion document. Here’s why:

• Safety Net: No matter how thorough your funding process, it’s common for some assets to remain outside your trust - whether due to oversight, last-minute changes, or newly acquired property. A pour-over will directs these assets into your trust upon death, ensuring they follow the same distribution plan.
• Guardianship Nominations: Trusts don’t nominate guardians for minor children; only a will can do that under R.I.G.L. § 33-15.1-7.
• Personal Representative Authority: Some legal and tax matters, including certain claims and post-death filings, require a personal representative appointed through probate.
• Clean-Up Function: Even with a trust, probate might still be required for unexpected assets. A will provides the legal mechanism for handling those matters efficiently.

In short, while a trust handles most of the heavy lifting, the will acts as a legal backstop - making sure nothing falls through the cracks.

3. Rhode Island Legal Requirements for a Valid Will
Rhode Island law sets out clear formalities for executing a valid will. Under R.I.G.L. § 33-5-5, a will must be:

1. In writing,
2. Signed by the testator (the person making the will), and
3. Attested and subscribed in the presence of the testator by two or more witnesses.

The witnesses must sign in the testator’s presence, and there are very specific cases and rules that define what it means to sign in the presence of each other. Unlike some states, Rhode Island does not recognize holographic (handwritten, unwitnessed) wills, and it does not permit electronic wills. Online templates that don’t follow these formalities can easily be invalidated, leaving your estate subject to intestacy.
Self-Proving Affidavits
Rhode Island allows wills to be made “self-proving” by attaching a notarized affidavit from the witnesses, which can help streamline the probate process by avoiding the need to locate witnesses after death (R.I.G.L. § 33-7-27). This small procedural step can save your executor weeks or months of delay later on.

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4. The Executor’s Role in Rhode Island Probate
In your will, you nominate an executor to administer your estate. This person’s job is to:

• File the will with the local probate court.
• Marshal and safeguard your assets.
• Notify heirs, beneficiaries, and creditors.
• File required inventories and accountings.
• Pay valid debts and taxes.
• Distribute the estate according to your will.

The court will issue letters testamentary once the executor is formally appointed, giving them the legal authority to act on behalf of the estate. If you don’t name an executor, or the person you chose is unable to serve, the court will appoint someone - often a family member or, in contested cases, even a neutral third party.
Choosing the right executor matters. It should be someone trustworthy, organized, and able to navigate both legal processes and family dynamics.

5. The Stakes of Not Having a Will
When someone dies without a valid will in Rhode Island, their property passes according to the laws of intestacy (R.I.G.L. § 33-1-1 et seq.). These laws set out a default distribution scheme that may have nothing to do with your personal wishes. For example:

• If you’re married with children, your spouse may not automatically receive everything. Instead, your spouse and children will split the estate according to statutory formulas.
• If you’re unmarried and have no children, distant relatives you barely know - or don’t even know (even those in foreign countries whom you've never met) - could inherit.
• If you have minor children and no will, the court will determine who raises them, which may not align with your preferences.

Intestacy also typically involves longer and more expensive probate proceedings, because there’s no named executor or clear distribution plan. Family disagreements are more likely, and the process can take well over a year or more.

6. Common Pitfalls with Wills in Rhode Island
Even a legally valid will can fail to accomplish your goals if it’s incomplete, poorly drafted, or never updated. Some of the most frequent mistakes we see include:
Failing to Update After Major Life Events
Marriages, divorces, births, deaths, and relocations can all dramatically change how your estate should be distributed. Under Rhode Island law, marriage does not automatically revoke a prior will, and divorce does not automatically revoke provisions in favor of an ex-spouse unless expressly stated. If your family situation has changed, but your will hasn’t, your estate may be distributed in ways you didn’t intend.
Leaving Out Contingent ProvisionsMany DIY wills name a single beneficiary or executor but do not specify alternates. If that person predeceases you, or is unable to serve, the probate court may need to appoint someone else, potentially leading to disputes or unintended distributions. A comprehensive will anticipates multiple “what if” scenarios.
Overreliance on the Will Alone
A will is only one piece of a modern estate plan. If you rely solely on your will to transfer property, everything must go through probate, which in Rhode Island can take anywhere from nine months to several years depending on the complexity of the estate, local court backlog, and whether anyone contests the will. That delay often leaves families waiting for access to funds during an already difficult time.
Not Coordinating Beneficiary Designations
Life insurance, retirement accounts, and payable-on-death accounts can pass outside the will. If the beneficiary designations on these accounts don’t match your overall estate plan, conflicts can arise. For example, if your will leaves everything equally to your three children, but your life insurance policy names only one child as beneficiary, the proceeds go entirely to that child - regardless of what the will says.
Using Online Templates Not Tailored to Rhode Island Law
Many online will forms fail to comply with Rhode Island’s witness and execution requirements (R.I.G.L. § 33-5-5) or omit essential provisions like self-proving affidavits (R.I.G.L. § 33-7-27). Others don’t address state-specific rules on guardianship, elective shares, or real estate. Still others use concepts from other states’ inheritance laws, like community property, that are not part of Rhode Island law and can produce unpredictable results. These documents often lead to expensive litigation or intestacy proceedings that could have been avoided with proper drafting.

7. Wills vs. Trusts: Complementary Tools, Not Competitors
People often ask whether they “need a will or a trust,” as if they must choose one over the other. In Rhode Island practice, the two are usually designed to work together.
A revocable living trust allows your family to avoid probate, maintain privacy, and plan for incapacity, while your will serves as a legal backstop, nominating guardians, naming an executor, and “pouring over” any stray assets into the trust at death. coordinate 
Here’s how this typically plays out in real life:
Imagine a couple in Lincoln who establish a revocable trust to hold their home and investment accounts. Years later, they inherit a piece of vacant land in Westerly but never retitle it into their trust. When they pass, their pour-over will directs that the land be transferred to the trust through probate, ensuring it’s ultimately distributed according to their trust’s terms. Without the will, that property would be distributed under Rhode Island’s intestacy statute, potentially leading to unintended heirs or forced sales.
In short, the trust does most of the work, but the will catches whatever the trust misses. Both are essential parts of a well-constructed estate plan.

8. Amending or Revoking a Will in Rhode Island
Life changes - and your estate plan should change with it. Under Rhode Island law, a will can be amended through a codicil, which must meet the same formalities as the original will (R.I.G.L. § 33-5-5). Alternatively, a new will can expressly revoke the prior will.
Revocation can occur by:

• Executing a new will that explicitly revokes the old one,
• Physically destroying the will with the intent to revoke it (e.g., tearing or burning), or
• Marrying or divorcing, which can alter the legal effect of certain provisions.

Codicils can work for small changes, such as updating an executor or adding a specific bequest. But if your plan has undergone a major shift, it’s usually cleaner to sign a new will rather than layering multiple codicils over time.

9. Out-of-State Property and Ancillary Probate
Many Rhode Islanders own vacation homes or investment property in Massachusetts, Florida, or elsewhere. A Rhode Island will governs your probate property in Rhode Island, but real estate located in another state typically requires ancillary probate in that state.
For example, if you live in Cranston but own a Cape house in Barnstable, Massachusetts, your Rhode Island executor may need to open an ancillary estate in Massachusetts to transfer the property. This can add time and expense. One way to avoid ancillary probate is to title the property in your revocable trust during your lifetime, ensuring that all your assets—no matter where located - are governed by a single trust document.​

10. Building Your Plan Intentionally
A will is more than a legal form - it’s the foundation of your legacy. It determines who inherits your property, who raises your children if something happens to you, and who has the authority to carry out your wishes. Whether used alone or alongside a revocable trust, a carefully drafted Rhode Island will ensures that your estate is administered according to your values, not just the harsh and often undesirable defaults of state law.
If you’re relying on a decades-old document, a generic template, or nothing at all, now is the time to act. Thoughtful planning today spares your loved ones confusion, expense, and conflict tomorrow.
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Ready to Take the Next Step?
Our firm helps families across Rhode Island and Massachusetts build clear, legally sound estate plans - whether you need a will, a trust, or both. If you already have an online will or an older will prepared by another attorney, we’re happy to review it to identify potential issues under Rhode Island law and ensure your plan actually works the way you intend.

​By Matthew Fabisch, Esq. - Former Rhode Island Probate Judge • Founder, Fabisch Law • Trusts & Estates Attorney • Father of Four

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