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Last Will and Testament Template - Rhode Island
A Rhode Island Last Will and Testament is a legal document written in order to set forth how an individual wishes their property to be distributed upon their death. It is also the document used for naming a guardian for any minor children or dependants the individual may have.
Certain Rhode Island-specific formalities must be followed when creating a Last Will or making changes to an existing one. If these are not observed one of two things can happen:
- When an individual dies without leaving a legal will their property and assets pass to their heirs according to the Rhode Island intestacy law.
- The estate may pass to the individual's beneficiaries under the terms of a prior will if it exists, can be located, and considered valid.
Rhode Island's Title 33 (Probate Practice and Procedure) assets that the signing of the document must be acknowledged by the Testator in the presence of two (2) or more witnesses present at the same time and the witnesses shall attest and subscribe the will in the presence of the Testator. Click on this link to create your own Last Will with our online form builder or download a ready-made template through the link below.
What Is a Last Will and Testament in Rhode Island?
A Last Will gives the Testator the opportunity to distribute their estate, property and digital assets between spouses, children, partners, friends, relatives, and organizations. The Testator has the option to select the estate's Executor. The Executor is the person - either a close friend or a professional accountant or consultant - who will be responsible for carrying out the provisions of the will.
There are several types of wills:
- A Testamentary Will is a formally prepared document signed in the presence of witnesses.
- A Holographic Will is a written unwitnessed will that rarely holds up in court.
- An Oral Will is a spoken testament given before witnesses.
How to Write a Last Will and Testament in Rhode Island?
Every Testator is eligible to choose what to include in their will. However, several important topics are universally recommended for a Last Will and Testament template.
The Testator has to take the following steps when creating their will:
- Decide what property to include in a will. List significant assets and choose the ones that are to be distributed.
- Decide who will inherit the aforementioned property. Alternate (contingent) beneficiaries must be mentioned in case the first choices do not survive the Testator.
- Choose an executor to handle the estate. The Executor must be a person who is willing to carry out the terms of the will.
- Choose a guardian for children and a caregiver for pets. This guardian must be willing to manage the children's property if the property is left to underage children or young adults.
- Sign the will in front of witnesses. The Testator's signature must be notarized as well.
- Store the will safely. The Testator must instruct their Executor on how to get access to the will when the time comes.
Download Last Will and Testament Template - Rhode Island
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