How Do I Name a Guardian for My Minor Children in Rhode Island?

In Rhode Island, a parent names a guardian for a minor child in a willR.I. Gen. Laws §§ 33-5-4, 33-15.1-7, 33-15.1-4, 33-15.1-8; will execution § 33-5-5Verified Sep 16, 2026View source, and the nomination covers the child until the age of majority, 18R.I. Gen. Laws § 15-12-1Verified Sep 16, 2026View source.

In Rhode Island, a parent names a guardian for a minor child in a willR.I. Gen. Laws §§ 33-5-4, 33-15.1-7, 33-15.1-4, 33-15.1-8; will execution § 33-5-5Verified Sep 16, 2026View source. It needs your signature and 2 witnesses, and the nomination covers the child until the age of majority, 18R.I. Gen. Laws § 15-12-1Verified Sep 16, 2026View source. It can be recorded alongside the rest of an estate plan when you create a revocable living trust.

When a parent has named a guardian, the court appoints the guardian the parent named unless someone shows a statutory ground to disqualify themR.I. Gen. Laws §§ 33-5-4, 33-15.1-7, 33-15.1-4, 33-15.1-8; will execution § 33-5-5Verified Sep 16, 2026View source. A backup guardian named in the same document applies if the first choice cannot serve.

No. Rhode Island makes the guardian nomination through a will or the guardianship petition rather than a standalone declarationR.I. Gen. Laws §§ 33-5-4, 33-15.1-7, 33-15.1-4, 33-15.1-8; will execution § 33-5-5Verified Sep 16, 2026View source; a guardian is named in the will or in the guardianship petition.

No. Rhode Island provides no non-court document for delegating a parent's authority over a minor.

In Rhode Island, a child 14 or older may choose their guardian, subject to the court's approvalR.I. Gen. Laws §§ 33-15.1-5, 33-15.1-6Verified Sep 16, 2026View source.

Forms for Planning Your Estate in Rhode Island

Free forms for planning your estate in Rhode Island: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.

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Last Will and Testament

In Rhode Island, a will is signed before 2R.I. Gen. Laws § 33-5-5Verified Sep 16, 2026View source witnesses, and the witnesses sign an affidavit at probate instead of a self-proving affidavitR.I. Gen. Laws § 33-5-5Verified Sep 16, 2026View source.

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Healthcare Power of Attorney

Rhode Island allows a choice for a healthcare power of attorney: 2R.I. Gen. Laws § 23-4.10-2Verified Oct 15, 2026View source witnesses or a notary.

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Financial Power of Attorney

Rhode Island requires explicit durability language for a power of attorney to survive incapacityR.I. Gen. Laws § 18-16-2Verified Sep 20, 2026View source, and it is signed before a notaryR.I. Gen. Laws § 18-16-2Verified Sep 20, 2026View source.

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Living Will

In Rhode Island, the living will is the DeclarationR.I. Gen. Laws Chapter 23-4.11 (Rights of the Terminally Ill Act, §§ 23-4.11-1 to 23-4.11-15)Verified Sep 27, 2026View source, a document of its own, apart from the healthcare power of attorney.

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Tools for Planning Your Estate in Rhode Island

Free tools for planning your estate in Rhode Island: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.

How Much Does a Will Cost?

An attorney-prepared will in Rhode Island runs $1,146Estimate: 3 hours at $382, Clio's Rhode Island Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,292Estimate: 6 hours at $382, Clio's Rhode Island Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $28,582R.I. Gen. Laws (no statutory schedule; court discretion applies)Verified Sep 8, 2026View source.

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Trust or Will: Which Costs Less?

In Rhode Island, a will-based plan pays probate attorney fees of typically 2.1%R.I. Gen. Laws (no statutory schedule; court discretion applies)Verified Sep 8, 2026View source to 3.4%R.I. Gen. Laws (no statutory schedule; court discretion applies)Verified Sep 8, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.

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What Does Estate Planning Actually Cost?

An attorney-prepared revocable trust in Rhode Island runs $3,850Estimate: 10 hours at $385, Clio's Rhode Island Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $5,775Estimate: 15 hours at $385, Clio's Rhode Island Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source and a simple will $1,146Estimate: 3 hours at $382, Clio's Rhode Island Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,292Estimate: 6 hours at $382, Clio's Rhode Island Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $549 up front plus a subscription with an online service.

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How Much Life Insurance Do I Need?

In Rhode Island, four years at a public university cost about $116,656NCES Digest of Education Statistics 2023, Table 330.20, public 4-year in-state tuition, fees, room and board, academic year 2022-23Verified Oct 3, 2026View source and the cost of living is near the U.S. averageBEA Regional Price Parities, all items, by state, 2024Verified Oct 3, 2026View source; the state levies an estate taxR.I. Gen. Laws § 44-22-1.1Verified Sep 15, 2026View source above $1,838,056R.I. Gen. Laws § 44-22-1.1Verified Sep 15, 2026View source.

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Are My Beneficiary Designations Protected?

Rhode Island does not revoke an ex-spouse as beneficiary at divorceR.I. Gen. Laws § 33-5-9.1Verified Sep 15, 2026View source; employer plans under ERISA follow federal rules either way, so a 401(k) beneficiary changes only by a new designation.

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How Do I Sign Estate Documents?

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Will My Estate Documents Transfer?

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How Much Does Probate Cost?

Probate on a $500,000 estate in Rhode Island costs an estimated $28,582R.I. Gen. Laws (no statutory schedule; court discretion applies)Verified Sep 8, 2026View source. Attorney fees run 2.1%R.I. Gen. Laws (no statutory schedule; court discretion applies)Verified Sep 8, 2026View source to 3.4%R.I. Gen. Laws (no statutory schedule; court discretion applies)Verified Sep 8, 2026View source of the estate under a reasonable-compensation standard.

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Rhode Island Estate Planning Resources

In-depth guides covering Rhode Island probate laws, trust requirements, and estate planning strategies.