Is An Online Will Legally Valid in Rhode Island?
Yes, in Rhode Island, online wills are legally valid. However, there are steps you need to take afterwards for it to hold up in court.
Not to worry, although they can be complex, FeedingBird supports you every step of the way.
What Makes an Online Will Legally Valid in Rhode Island?
A valid Rhode Island will must be in writing, signed by the testator, and signed by two witnesses who watch the testator sign or acknowledge the will. While notarization is not legally required, Rhode Island allows a notarized self-proving affidavit under R.I. Gen. Laws 33-7-26 so your witnesses will not have to testify in court to validate the will.
Rhode Island does not recognize holographic wills. A handwritten will that is not signed by two witnesses is not valid in Rhode Island, regardless of how clearly it states the testator's wishes.
What You Need to Know about Online Wills in Rhode Island
Settling an estate can be difficult as estate laws vary significantly by state and are packed with complexity. It's important your online will is structured according to your state’s requirements if you want to avoid a long, complex court process.
Rhode Island Property Laws
Rhode Island is not a community property state, but it is unusual in treating real estate and personal property somewhat differently under its intestate succession rules. Without a will, this can mean different family members inherit a home versus a bank account.
Rhode Island Probate
Most estates in Rhode Island go through the probate court in the city or town where the decedent lived. Smaller estates consisting entirely of personal property worth $15,000 or less may qualify for a small estate affidavit instead.
Avoiding Probate in Rhode Island
Because probate involves court costs and can take months and even years to resolve, people sometimes wish to avoid it altogether. Here are some ways to avoid probate.
- Put your assets in a revocable living trust. A living trust gives you more control over your assets as the trustee and identifies s a successor trustee to manage distribution after your death.
- Financial and retirement accounts should have beneficiaries listed. A payable-on-death (POD) designation specifies who receives funds at the time of your death, and a transfer-on-death (TOD) designation names a new owner for brokerage accounts.
- Hold property as joint tenants with right of survivorship, which passes automatically to the surviving owner..
Want to learn more about trusts? Discover what is included in a trust.
