Should You Get a Trust or a Will in Rhode Island?

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.

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. The trust also distributes assets faster than the 6 months to 12 months probate timeline a simple estate takes.

Probate in Rhode Island runs about $28,582R.I. Gen. Laws (no statutory schedule; court discretion applies)Verified Sep 8, 2026View source on a $500,000 estate in combined attorney, executor, and court fees. A revocable trust has a one-time setup cost and no probate fees. See a detailed breakdown with the Rhode Island probate calculator.

No. A will must go through probate in Rhode Island. A small estate may qualify for a simplified route: In Rhode Island, estates with personal property of $15,000R.I. Gen. Laws § 33-24-1Verified Sep 8, 2026View source or less use the Voluntary Informal AdministrationR.I. Gen. Laws § 33-24-1Verified Sep 8, 2026View source, 30 daysR.I. Gen. Laws § 33-24-1Verified Sep 8, 2026View source after death, a court filing short of full probate. 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.

Simple estates in Rhode Island typically take 6 months to 12 months through probate; average estates 12 months to 18 months, and contested estates longer. A funded revocable trust avoids probate entirely; distributions follow the trustee's administration rather than a court timeline.

Yes. A will becomes a public court record once it enters probate in Rhode Island: the will, the inventory, the beneficiaries and the distributions. A revocable trust is a private document that does not go through probate, so the terms, beneficiaries, and asset details remain confidential.

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 Oct 19, 2026View source witnesses, and the witnesses sign an affidavit at probate instead of a self-proving affidavitR.I. Gen. Laws § 33-5-5Verified Oct 19, 2026View source.

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Pour-Over Will

In Rhode Island, a pour-over will is signed before 2R.I. Gen. Laws § 33-5-5Verified Oct 19, 2026View source witnesses and moves anything left outside the trust into it through probate.

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Revocable Living Trust

Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.

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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 Do I Sign Estate Documents?

Find witness, notary, and remote signing requirements for all 50 states.

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Will My Estate Documents Transfer?

Check if estate planning documents signed in one state are valid in another.

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How Much Does a Revocable Living Trust Cost?

An attorney-prepared revocable living 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 for an individual, against $0 to $549 up front plus a subscription with an online service.

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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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How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?

Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.

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How Do I Name a Guardian for My Minor Children?

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.

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Do I Need a Revocable Trust?

Probate in Rhode Island takes 6 months to 12 months for a simple estate and charges 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; assets held in a revocable trust skip both.

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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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Rhode Island Estate Planning Resources

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