Detailed Answer
Under Rhode Island law, a valid will must be in writing, signed by the testator, and witnessed by two credible witnesses (R.I. Gen. Laws § 33-3-4). If your will lacks witnesses or notarization, you can still petition the probate court by proving due execution under R.I. Gen. Laws § 33-3-5. The court will admit the document as a will if two disinterested, credible witnesses can testify that:
- The decedent signed the document;
- The decedent intended it as their last will and testament;
- The witnesses observed the signature or its acknowledgment.
Step 1: Review the Document
Confirm the decedent’s signature appears on every page or at the end. Remove any attachments that aren’t part of the will.
Step 2: Identify and Interview Witnesses
Find two individuals who are not beneficiaries. Ask each to prepare an affidavit under oath describing:
- How they know the decedent;
- That they observed the decedent sign (or heard acknowledgment of signature) and intended the document as a will.
Step 3: File a Petition for Probate
Submit a Petition for Probate with the Probate Court in the city or town where the decedent lived. Include:
- The original will;
- Witness affidavits under R.I. Gen. Laws § 33-3-5;
- Death certificate;
- Filing fee (varies by county).
Step 4: Serve Notice
After filing, the court will issue a citation to all heirs and devisees. You must serve notice in accordance with R.I. Gen. Laws § 33-15-1. Publish notice if no known heirs object or cannot be located.
Step 5: Attend the Probate Hearing
If no one contests, the court will admit the will to probate. The judge or clerk will issue Letters Testamentary, appointing you as executor or administrator.
Alternate Route: Motions for Informal Admissions
If witnesses cannot appear, you may file a motion for informal admission. Provide affidavits explaining why witnesses are unavailable, along with any secondary evidence (such as testimony from relatives).
Helpful Hints
- Consult the probate clerk early to confirm local filing requirements.
- Maintain original documents in a safe place until the court orders their return.
- Use clear, concise affidavits to avoid delays.
- Keep a copy of every filed document for your records.
- Consider hiring an attorney if heirs contest admission.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a Rhode Island probate attorney for advice tailored to your situation.