Is an Online Will Legal in Rhode Island?
An online service can prepare a valid Rhode Island will. The document is printed and executed under § 33-5-5: the testator signs it, or acknowledges the signature, in front of two or more witnesses who are present at the same time, and the witnesses sign in front of the testator. Rhode Island does not authorize electronic wills, so a fully remote, screen-only execution is not available.
The Answer at a Glance
Prepare the will online
ValidWhether a will drafted with online software can become a valid Rhode Island will.
Sign it fully remotely
Paper signingWhether Rhode Island recognizes an electronic will executed without an in-person paper signing.
What this means for you
Never let a beneficiary, or anyone who takes under the will, act as a witness: Rhode Island voids the gift to an attesting witness outright, with no rescue for having extra witnesses. Rhode Island also has no standard self-proving affidavit statute; instead, have the witnesses sign the § 33-7-26 affidavit before a notary at the signing, which lets an uncontested will be admitted to probate without calling the witnesses.
What Rhode Island Law Requires
The governing law is R.I. Gen. Laws ch. 33-5 (Execution and Revocation of Wills); attesting witnesses at ch. 33-6; custody and probate of wills at ch. 33-7. Each rule below links to the official source it was read from.
| Requirement | The Rhode Island rule | Statute |
|---|---|---|
| Who can make a will | Age 18 or older, sane mind. | R.I. Gen. Laws § 33-5-2 |
| Written document | Required. | R.I. Gen. Laws § 33-5-5 |
| Signature | The testator signs. The will may be signed by some other person for the testator, in the testator's presence and by the testator's express direction. | R.I. Gen. Laws § 33-5-5 |
| Witnesses | 2. The signature must be made or acknowledged by the testator in the presence of two (2) or more witnesses present at the same time, and the witnesses must attest and subscribe the will in the presence of the testator. No form of attestation is necessary and no other publication is necessary. The statute does not require the witnesses to sign in each other's presence. | R.I. Gen. Laws § 33-5-5 |
| Notarization | Not required for validity. A self-proving affidavit is optional and speeds probate. | R.I. Gen. Laws § 33-7-26 |
Signing Day in Rhode Island
The signature must be made or acknowledged by the testator in the presence of two (2) or more witnesses present at the same time, and the witnesses must attest and subscribe the will in the presence of the testator. No form of attestation is necessary and no other publication is necessary. The statute does not require the witnesses to sign in each other's presence.
The self-proving step worth adding
Rhode Island has no self-proved-will statute of the Uniform Probate Code type. The functional equivalent is § 33-7-26: in the absence of objection by anyone interested in the estate, the probate court may admit a purported will on an affidavit of one or more of the subscribing witnesses, executed at any time after execution, stating the facts the witnesses would testify to in court; the section supplies a statutory affidavit form, and witnesses commonly sign it at the will signing. The oral testimony of any one subscribing witness is the alternative. Because the affidavit route applies only absent objection, a contested will still requires witness testimony. Timing: at any time after execution of the will, before or after the death of the testator.
Choose witnesses carefully
A beneficial devise, legacy, estate, interest, gift, or appointment given by the will to a person who attests its execution is, so far only as concerns that attesting person or any person claiming under that person, utterly null and void; the attesting person is still admitted as a witness to prove the execution, validity, or invalidity of the will. Charges and directions for the payment of debts are excepted, and under § 33-6-2 a creditor whose debt is charged on the estate may attest and remain a witness.
Shortcuts Rhode Island Does and Does Not Recognize
Handwritten (holographic) wills
NoNo Rhode Island statute recognizes an unwitnessed handwritten will: § 33-5-5 makes a will invalid unless witnessed as prescribed, excepting only §§ 33-5-6 and 33-5-7, and chapter 33-5 (section list verified at the official site on 2026-08-16) contains no holographic-will provision. Two edges: a soldier, airman, mariner, or sailor within § 33-5-6 may dispose of personal estate informally, and a holographic will executed outside Rhode Island in the mode prescribed by the law of the place of execution or of the testator's domicile can qualify under § 33-5-7, which requires only that the will be in writing and subscribed by the testator. (R.I. Gen. Laws § 33-5-5)
Oral wills
NarrowlyOnly for the narrow § 33-5-6 class, and only as to personal estate: any soldier or airman in actual military service, or any mariner or sailor at sea, may dispose of his or her personal estate by will as he or she might heretofore have done. Section 33-5-5 names this as an express exception to the writing and witnessing requirements. For everyone else an oral will is invalid.
The statute preserves the historical freedom of service members and sailors to make informal wills of personalty; it sets no procedure, witness count, or dollar cap of its own. (R.I. Gen. Laws § 33-5-6)
Electronic wills
NoBasis for the negative: § 33-5-5 makes a will invalid unless it is in writing and executed with in-person witnessing formalities, and chapters 33-5, 33-6, and 33-7 (section lists verified at the official site on 2026-08-16) contain no electronic-will provision. Rhode Island has not enacted the Uniform Electronic Wills Act or any equivalent. (R.I. Gen. Laws § 33-5-5)
Remote witnessing: not recognized.
A Will Signed in Another State
Any last will and testament executed outside Rhode Island in the mode prescribed by the law, either of the place where executed or of the testator's domicile, is deemed legally executed and has the same force and effect as if executed in the mode prescribed by Rhode Island law, provided the will is in writing and subscribed by the testator. (R.I. Gen. Laws § 33-5-7)
Keep Going
- The full Rhode Island will-requirements guide covers capacity, revocation, and what happens when formalities fail.
- Rhode Island estate planning sets the will beside the other documents a complete plan needs.
- A Rhode Island revocable living trust is the main alternative when avoiding probate is the goal.
Frequently Asked Questions
Can I make my will online in Rhode Island?
Does a Rhode Island will need to be notarized?
How many witnesses does a Rhode Island will need?
Are handwritten (holographic) wills valid in Rhode Island?
Are electronic wills legal in Rhode Island?
Is a will made in another state valid in Rhode Island?
SourcesOfficial references used for this page
Verified against R.I. Gen. Laws ch. 33-5 (Execution and Revocation of Wills); attesting witnesses at ch. 33-6; custody and probate of wills at ch. 33-7 on August 16, 2026
Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Rhode Island can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.
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