How Does Estate Planning Work in Rhode Island?

Probate on a $500,000 estate in Rhode Island costs an estimated $28,582 and takes 6 months to 12 months for a simple estate, with attorney fees of typically 2.1% to 3.4% of the estate. Estates under $15,000 can use a small-estate procedure instead.

A simple estate in Rhode Island typically takes 6 months to 12 months through probate, and an average estate 12 months to 18 months; a contested one runs longer. The creditor claim period of 6 months is the floor. A funded revocable trust avoids probate entirely.

Rhode Island has not adopted the Uniform Trust Code and does not require witnesses for trust execution. Notarization is not required for validity, though many financial institutions require notarized trust documents. Rhode Island has no separate trust creditor-notice step — the settlor's debts stay subject to the general claims and limitations period (up to 6 months), which the trustee settles before distributing.

A healthcare power of attorney in Rhode Island requires 2 witnesses or notarization to be valid. A financial power of attorney requires notarization. A financial power of attorney is not durable by default; it must include durability language to survive incapacity.

In Rhode Island, the executor files an inventory of the estate's assets within 90 days of appointment. A revocable trust skips the court-supervised inventory, so a trustee distributes without filing one.

In Rhode Island, divorce does not automatically revoke a beneficiary designation that names a former spouse; the former spouse stays the named beneficiary until the designation is changed.

Estate Planning in Rhode Island

Estate planning in Rhode Island is shaped most by remote online notarization. The trade-off between a will and a revocable trust comes down to how that single feature affects your estate's probate path.

A will goes through probate, with attorney fees of typically 2.1% to 3.4% of the estate. A simple estate typically closes in 6 months to 12 months, and the 6 months creditor-claim window sets the floor. Estates under $15,000 can use the Voluntary Informal Administration and avoid full probate administration. Real property cannot be transferred through this procedure in Rhode Island; an estate that includes real estate uses a separate process. In Rhode Island the affidavit is filed with the court, and holders honor the court's certified copy — but no letters testamentary or of administration issue.

For a revocable trust, Rhode Island does not require witnesses for trust execution. Notarization isn't required for validity, though banks and title companies typically expect a notarized trust before they'll work with it. Rhode Island has not adopted the Uniform Trust Code; trust administration follows the state's own rules, which can affect trustee duties and beneficiary remedies.

Rhode Island offers remote online notarization for estate documents, so signing can happen over secure video. Combined with beneficiary designations on retirement accounts and payable-on-death registrations, these can move significant value outside probate without setting up a trust.

SimplyTrust Editorial·Updated October 17, 2026

Legal Sources

Show 5 more sources

Data sourced from Rhode Island statutes and official state code. How we research.

Is this your situation?

Get a complete guide for your specific circumstances.

New Baby or Adoption

Your family is growing. Your protection should too. Guardian nominations, trusts for minors, beneficiary updates, and the documents new parents need in place.

Learn more