Create Rhode Island Last Will and Testament
    Rhode Island Last Will and Testament

    Rhode Island Last Will and Testament

    Family and personalEstate planning
    The Rhode Island last will and testament is a legal document outlining how you wish an executor to distribute your assets and property to your beneficiaries after your death. This contract is essential because it ensures that a probate court divides your estate and bequeaths assets to those you wish to inherit them. It will save your family from the stress and possible disagreements that may arise trying to figure out how to divide your estate. Easily customize and download this last will and testament to establish your needs.
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    Template Description

    Rhode Island Last Will and Testament Explained

    The Rhode Island last will and testament form is a legal document that enables people to transfer their assets and ownership rights to their beloved people after death. The Rhode Island will and testament helps the testator, the author of the will, evenly divide the real property, money, or other assets between the family members or non-relatives as the testator wishes. If the person passed away and did not create any will in their lifetime, the Rhode Island law will decide for them who will inherit the remaining assets. 

    Besides the will, the testator and the chosen witnesses can also sign a self-proving affidavit confirming the will's originality. In some states, the affidavit may be notarized to gain the same legal force as the last will.

    Overall, there are no strict requirements on when individuals should write their Rhode Island will form and who they decide to leave their property and other belongings. The testator should be conscious of his or her actions and decisions to make his or her will accurate, fair, and legally enforceable. Estate planning lawyers can help create the Rhode Island last will and testament contract and arrange the related legal formalities.

    Why Do You Need a Rhode Island Last Will and Testament Form?

    A last will and testament template in Rhode Island makes ownership rights distribution smoother and more legitimate due to the deceased person’s wishes. If the testator had good relationships with his or her blood relatives or non-relatives, there would be no disputes over the inheritance. 

    The last will document ensures the legal protection of the assets if the decedent’s creditors decide to claim their ownership rights to the assets. The same goes with the Rhode Island government: if the deceased person created no will, the state authorities are eligible to divide the assets between family members and non-relatives. The final verdict may vary from the one expected by the decedent’s relatives and non-relatives.

    Testators have their choice regarding their belongings and people who want to take the legal obligation to control the assets sharing, gain the rights to the assets after the testator’s death, and take care of the testator’s children as their guardian. 

    Legal Requirements for Wills in Rhode Island

    People can create their Rhode Island will forms at any age. However, the decisions taken can change multiple times. Hence, it is recommended to create the will when there are significant means of the deceased person’s property, money amounts or other possessions to distribute, liable persons who will receive them after death, and children.

    The main requirement to create the last will and testament sample in Rhode Island is to rely on the testator’s mental and physical capability to make sensible decisions. Otherwise, if the testator’s health is questioned, any interference to write the will instead of him or her will be regarded as force, and it may cause severe consequences in court.

    Before writing a will in Rhode Island, some specific terms for this legal document are critical to know and mention: 

    • Personal representative or executor—decedent’s legal representative who will act upon the testator’s name after he or she passes away when it comes to the proper will execution, estate probation, regulating debts to the decedent’s creditors, and distributing the assets to all beneficiaries;
    • The testator’s beneficiaries—the individuals, nominated to the inheritage of the deceased person’s assets; 
    • The witness or witnesses—the individuals who confirm the authenticity of the last will by signing it and the affidavit.

    How To Create a Will in Rhode Island

    Below are the steps to write a simple will template in Rhode Island. 

    Provide the testator’s name at the top of the document

    The testator is the main person whose name will appear in the last will and testament. Apart from him or her, there should be the personal representative or executor of the will nominated by the deceased person, beneficiaries who will inherit a specific number of assets and gain ownership rights, and witnesses who evidence the credibility of the last will and testament.

    Appointment of executor

    The executor automatically takes his or her responsibility for the whole inheritance and probate process and the testator’s taxation matters. The personal representative does not require any qualification to handle the issues above, but he or she can always ask a lawyer or accountant for help.

    Choose the beneficiaries

    If the testator has minor children, it is essential to think of a guardian for them. If the children are also beneficiaries, the guardian will be liable for the assets the minors will get until adulthood. In this case, the guardian may become a trustee who is not connected to the will but gains responsibility for the possessions or children.

    Write the will

    The testator can create a will with a lawyer’s help or take a Rhode Island statutory form, easy to fill out. It is highly recommended to seek legal advice if the individual case poses complications, for example, conflicts with family members, many assets to distribute, mortgage issues, etc.

    Sign the will along with witnesses

    At least two witnesses should sign the last will with the testator. They should also sign the “self-proving affidavit” to notarize it.

    If non-negotiable disagreements with the will’s content occur, the appropriate legal proceeding should start immediately. 

    Keep the will safe

    The testator should store his or her last will in a safe, confidential place and must not share the location with family members or closest non-relatives. The testator should inform the executor about the will before he or she passes away.

    Revoking or Changing Your Will in Rhode Island

    The testator’s sample will Rhode Island can be amended or revoked in his or her lifetime in the following ways:

    1. In case of the will’s amendment, the testator can create a codicil which should go through notarization in the same way as the affidavit attached to the last will. If the deceased person makes multiple codicils, the probate process will complicate establishing the correct testator’s will.
    2. The will revocation occurs when the alive testator themselves destroys the prepared last will and testament Rhode Island or creates the new will and testament. Then, the previous will is no longer valid.

    Contesting a Will in Rhode Island

    The relatives or non-relatives who were close to the deceased person can contest the one’s will. Usually, the reasons for contesting are possible testator’s mental or physical incapability, fraud or illegal force.

    The beneficiaries who suspected unusual testator’s behavior or severe omissions in the prepared Rhode Island will and testament should submit a petition to the Rhode Island probation court. Other parties—the personal representative or witnesses—are not eligible to contest the will.

    Commonly, it is complicated to prove in court that the will was created illegally due to insufficient evidence. 

    Rhode Island Will vs. Living Trust

    A living trust is not the same as the Rhode Island will template. The living trust is a legal form of fiduciary relationships whereby a creator of the trust, or a trustor, grants the chosen trustees the right to own specific assets if the trustor cannot do so. 

    The assets are supposed to be distributed to the beneficiaries when the trustor passes away, according to the last will. If there are particular fiduciary funds, even the Rhode Island government cannot interfere in the probate process after the testator passes away. In this way, the living trust adds more legal power to the wills.

    Pour Over Will in Rhode Island

    A pour-over will is a legal document that ensures that the remaining assets should be distributed by default to the beneficiaries mentioned in the trust. The possessions to be distributed are usually not mentioned in last wills and testaments but with pour-over wills, the Rhode Island probate court will not decide on the asset distribution.

    Rhode Island Last Will and Testament Sample (PDF File)

    Lawrina Templates provides the up-to-date Rhode Island will and testament in PDF that people can fill in online before or after purchase and download.

    Before creating the last will and testament sample Rhode Island, Lawrina will need your email address to be able to send you the ready document. Then, you can use Lawrina’s interview to fill out the template automatically. All the questions are related to the will so that you will not miss any critical information to include. You can edit the will whenever you want.

    After the interview, you will get a simple will template Rhode Island, ready to download from our page or your inbox. Choose the option you prefer and submit your document whenever necessary in Rhode Island.

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    Frequently Asked Questions

    How much does it cost to have a last will and testament in Rhode Island?

    Some estate-planning attorneys bill hourly and are dependent on training and experience. Still, it's common for a lawyer to charge a flat fee to draft a will and other estate planning documents. 

    It may be as little as around $300 for simple estates and bequests. However, prices are commonly between $1,000 and $1,200. The fee will vary and depends on the size and complexity of your estate. And additional hourly charges if you have unique estate planning requests.

    Can I write my own will in Rhode Island?

    Writing your own will makes sense if you have an average-sized estate and don’t have any unusual requests regarding your property. However, it must comply with state requirements that vary between states. Generally speaking, you must be of sound mind, not under another person's influence. Your will must be in writing and signed in front of two witnesses who are not named beneficiaries, who will then also need to sign the will.

    What makes the last will and testament legal in Rhode Island?

    The State requirements of a valid will may vary, but generally, the following conditions are needed:

    • You must be over 18, and of sound mind when you write your will, and not be pressured or influenced by someone else.
    • The will must be in writing.
    • Your will must be signed in the presence of Two witnesses over 18 who are not beneficiaries of your will. 
    • Your witnesses must sign your will according to the laws in your state.