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If you are named in someones will as an executor, you may have to apply for probate. This is a legal document which gives you the authority to share out the estate of the person who has died according to the instructions in the will. You do not always need probate to be able to deal with the estate.
Wills Law in Rhode Island: Overview But one unique aspect of Rhode Island will law is that oral (nuncupative) and handwritten (holographic) wills are only recognized by those in active military duty or mariners at sea.
Property that is jointly owned with a survivorship right will avoid probate. If one owner dies, title passes automatically to the remaining owner. There are three types of joint ownership with survivorship rights: Joint tenancy with rights of survivorship.
A will must satisfy three basic requirements to be a legally binding document. It must be in writing. Generally, of course, wills are composed on a computer and printed out. The person who made it must have signed and dated it. Two adult witnesses must have signed it.
Write a Living Trust The most straightforward way to avoid probate is simply to create a living trust. A living trust is merely an alternative to a last will.

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The basic requirements for a Rhode Island last will and testament include the following: Age: The testator must be at least 18 years old. Capacity: The testator must be of sane mind. Signature: The will must be signed by the testator or by someone else in the testators name in his presence, by his express direction.
Rhode Island law dictates wills must be signed by the testator in the presence of at least two (2) competent and credible witnesses; both of whom will sign the document as well. Though optional, a testator can have their will acknowledged by an authorized notary public for an extra layer of legal protection.
Wills Law in Rhode Island: Overview But one unique aspect of Rhode Island will law is that oral (nuncupative) and handwritten (holographic) wills are only recognized by those in active military duty or mariners at sea.
Your options for writing your own will As long as it was properly signed and witnessed by two adult independent witnesses who are present at the time you sign your will, it should be legally binding.
Validity and probate A holograph is only valid if you write it by hand and sign it yourself. You cannot use a typewriter, computer, or pre-existing form. After your death, your heirs will need to have your will probated by the Superior Court or a notary.

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