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Rhode Island law

Estate Planning Laws in Rhode Island.

Rhode Island estate administration runs through the Probate Court — which, uniquely in the U.S., operates at the municipal level in each of the state's 39 cities and towns rather than through a state-wide probate court. Rhode Island has NOT adopted the Uniform Probate Code. Rhode Island recognizes holographic wills only for service members (armed forces and mariners). Rhode Island retains a state estate tax with a 2024 exemption of $1.774 million (one of the lower exemption thresholds in the U.S. — indexed to inflation). Rhode Island has no state inheritance tax. Rhode Island is not a community-property state; surviving spouse has elective-share rights.

Last verified: 2026-04-17

State law

Key Rhode Island Statutes

Execution of WillsR.I. Gen. Laws § 33-5-5

A will must be in writing, signed by the testator (or by another in testator's presence at testator's direction), and attested by two or more credible witnesses who subscribe in the testator's presence.

Holographic Wills — Limited RecognitionR.I. Gen. Laws § 33-5-6

Holographic wills (without witnesses) are generally invalid in Rhode Island. Exception: service members of the armed forces and mariners at sea may execute holographic or nuncupative wills, which remain valid for 1 year after discharge.

Municipal Probate CourtsR.I. Gen. Laws § 8-9-1 et seq.

Rhode Island has municipal Probate Courts in each of its 39 cities and towns — a distinctive structure. Each town's probate judge (typically the town clerk or a town-appointed judge) handles probate matters for that municipality. Appeals go to Superior Court.

Rhode Island Estate TaxR.I. Gen. Laws § 44-22-1 et seq.

Rhode Island imposes its own estate tax with a 2024 exemption of $1.774 million (indexed annually to CPI). Rates range from 0.8% to 16%. One of the lower exemption thresholds in the U.S. (along with MA, OR, CT).

No Inheritance TaxRhode Island does not impose an inheritance tax

Rhode Island has an estate tax but no separate inheritance tax.

Spousal Elective ShareR.I. Gen. Laws § 33-25-2 et seq.

Surviving spouse may elect against the will and take a "life estate in real estate" plus a statutory share of personal property — a distinctive Rhode Island formulation retaining elements of the common-law dower.

Small Estate ProcedureR.I. Gen. Laws § 33-24-1

Estates with personal property under $15,000 may be administered through simplified procedures.

Living Will and Durable Power of Attorney for Health CareR.I. Gen. Laws §§ 23-4.10 (Living Will), 23-4.10-2 (HCPOA)

Rhode Island authorizes statutory living wills and durable powers of attorney for health care.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Rhode Island.

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