When to Update a Will in Rhode Island: 8 Triggers You Cannot Ignore

A will is not a one-time document. Life changes, and if your will does not change with it, your assets go to people you did not intend — or fail to go to people you did. Rhode Island's low estate tax threshold and unique probate rules make regular updates especially important.

Here are the events that should trigger an immediate review.

1. Marriage or Remarriage

Rhode Island does not automatically revoke a will upon marriage. But a new spouse who is omitted from an existing will can claim the statutory elective share under § 33-28-1 — a life estate in your individually held real property plus a share of the personal probate estate.

If you marry and do not update your will, your new spouse can either accept whatever you left or reject it and claim the elective share. Either way, your intended distribution is disrupted. Update your will before or immediately after the wedding.

2. Divorce

Rhode Island law revokes any bequest or fiduciary appointment in favor of a former spouse upon divorce. But this revocation only applies to the will — it does not change beneficiary designations on life insurance, retirement accounts, or bank accounts.

After divorce, update your will and every beneficiary designation. If your ex-spouse is still named on your 401(k), they get the money — regardless of what your new will says.

3. Birth or Adoption of a Child

Under Rhode Island's pretermitted child statute, a child born or adopted after your will was signed may be entitled to a share of the estate equal to what they would have received under intestacy — unless the will makes clear you intentionally excluded them.

Update your will after each child to name guardians, establish trusts for minor children, and ensure the distribution plan reflects your full family.

4. Death of a Beneficiary or Executor

If someone named in your will — a beneficiary, executor, or guardian — dies before you, their role creates a gap. Rhode Island courts will follow the will's anti-lapse provisions or default to intestacy rules for the vacant share.

Name contingent beneficiaries and alternate executors in your original will. If those backups are now unavailable, update immediately.

5. Significant Change in Assets

Buying a home, receiving an inheritance, selling a business, or accumulating retirement savings can push your estate past Rhode Island's $1,838,056 estate tax threshold. What was a simple estate plan may now need credit shelter trust planning or asset retitling strategies to avoid a tax bill that starts at 0.8% and climbs to 16%.

Review your plan whenever your net worth changes significantly — in either direction.

6. Moving To or From Rhode Island

Rhode Island has specific rules that differ from other states: the 39 municipal probate courts, the low estate tax threshold, the spousal elective share limited to probate assets, and no recognition of holographic wills.

If you moved to Rhode Island from another state, your existing will may be valid (Rhode Island recognizes wills validly executed under the law of the state where they were signed), but it may not take advantage of Rhode Island-specific planning opportunities like TOD deeds or address Rhode Island-specific risks like Medicaid estate recovery.

7. Changes in Tax Law

Rhode Island's estate tax exemption is adjusted annually for CPI inflation. For 2026, the threshold is $1,838,056. If pending legislation (such as bills proposing a flat $4,000,000 exemption) passes, your entire planning strategy may need to change.

The federal estate tax exemption is also scheduled to drop significantly after 2025 unless Congress acts. Monitor both state and federal changes annually.

8. Change in Relationships

Falling out with a sibling you named as executor. A guardian nominee who developed a substance abuse problem. A beneficiary who no longer needs the inheritance, or one who now needs more. Relationships change, and your estate plan should reflect the relationships as they are today — not as they were when you signed the document.

Codicil vs New Will

A codicil is a formal amendment to an existing will. In Rhode Island, it must meet the same execution requirements as the original will — written, signed by the testator, and attested by two witnesses.

For minor changes (updating an executor, adjusting a specific bequest), a codicil works. For substantial changes (new spouse, new children, major asset shifts), it is cleaner and safer to execute an entirely new will that revokes the old one.

The Rhode Island Basic Estate Planning Kit includes a will review checklist and estate plan maintenance schedule that help you catch each of these triggers before they create problems.

See more Rhode Island guides →