Self-Proving Affidavit in Rhode Island: How to Make Your Will Probate-Ready

When a will goes to probate in Rhode Island, the municipal court must verify that it was properly executed — signed by the testator and witnessed by at least two people present at the same time. Without proof, the court may require the original witnesses to appear in person or submit sworn testimony.

If your witnesses have moved, become incapacitated, or died, proving your will becomes expensive and time-consuming. A self-proving affidavit eliminates this problem entirely.

What a Self-Proving Affidavit Does

Under Rhode Island General Laws § 33-7-26, a self-proving affidavit is a notarized statement attached to your will. It is signed by you (the testator) and both witnesses in front of a notary public, and it swears under oath that:

• You signed the will voluntarily
• You were of sound mind
• Both witnesses watched you sign
• Both witnesses signed in your presence and in each other's presence

Once this affidavit is attached, the probate court accepts the will without requiring witness testimony. Your executor can open probate faster, with fewer complications, in any of Rhode Island's 39 municipal courts.

When to Sign the Affidavit

The best time to sign the self-proving affidavit is at the same ceremony where you sign the will. You, both witnesses, and a notary public are all present at once. The will signing and the affidavit signing happen back to back.

You can also add a self-proving affidavit after the will is already signed, but you will need to reassemble the original witnesses before a notary — which is exactly the inconvenience you are trying to avoid. Do it at the time of signing.

The Signing Ceremony

Rhode Island will execution requirements under § 33-5-5 are straightforward:

1. The will must be in writing — handwritten (holographic) wills are not valid in Rhode Island
2. You sign the will in the presence of both witnesses
3. Both witnesses sign in your presence and in each other's presence
4. The notary notarizes the self-proving affidavit — not the will itself

An important distinction: the notary notarizes the affidavit, not the will. Rhode Island does not require wills to be notarized. The notarization applies only to the self-proving affidavit that accompanies the will.

Who Can Be a Witness

Rhode Island requires two competent witnesses. The law does not impose specific restrictions, but practical rules apply:

• Witnesses should not be beneficiaries under the will (though Rhode Island does not automatically void a gift to a witness, it invites challenges)
• Witnesses must be present at the same time — sequential signing is not valid
• Witnesses must be mentally competent adults

Good choices: neighbors, coworkers, or friends who are not named in the will and are likely to be locatable if the affidavit is ever questioned.

What Happens Without One

If your will does not have a self-proving affidavit, your executor must prove its validity to the municipal probate court. This typically requires:

• Locating at least one original witness
• Having that witness sign a sworn statement or appear in court
• If no witnesses can be found, presenting evidence of the testator's handwriting or other circumstantial proof

This process adds weeks or months to probate and costs additional attorney fees. For a document that takes 10 minutes to sign alongside your will, the self-proving affidavit is one of the highest-return investments in your estate plan.

Get It Done

The Rhode Island Basic Estate Planning Kit includes a notarization-ready self-proving affidavit template that meets § 33-7-26 requirements, along with step-by-step instructions for the signing ceremony — so your executor never has to track down witnesses years after the fact.

See more Rhode Island guides →