If you’ve signed a will in Rhode Island, your two witnesses also likely signed a “self-proving affidavit” during the will signing. In Rhode Island, the self-proving affidavit is authorized by R.I.G.L. § 33-7-26. It is not strictly required for a will to be legally valid, but it is a standard and strongly recommended estate planning tool.
Core Purpose
Eliminates the need for in-court witness testimony. To probate a will, the court ordinarily requires the subscribing witnesses to testify in court or submit an affidavit confirming due execution. A self-proving affidavit serves as a sworn, notarized substitute for that live testimony.
Expedites and simplifies probate. It significantly speeds up estate administration and reduces legal costs, since the executor does not need to locate or contact subscribing witnesses after the testator’s death.
Protects against witness unavailability. If witnesses have died, relocated, or simply cannot recall the signing ceremony years later, the affidavit allows the will to be admitted to probate without issue.
Authority and Evidentiary Weight
A properly executed self-proving affidavit establishes a prima facie case: under Rhode Island law, it creates a presumption that the will was duly executed in compliance with statutory formalities.
In the affidavit, the subscribing witnesses swear under oath before an authorized officer (typically a notary) to the following facts:
- That the signature to the will (or codicil) is in the handwriting of the testator or was made by some other person for the testator, in the testator’s presence and by the testator’s express direction;
- That the testator so subscribed the will or codicil and declared the same to be his last will (or a codicil to his last will) in their presence;
- That they thereafter subscribed the same as witnesses in the presence of the testator and in the presence of each other;
- That at the time of execution of the will (or codicil), the testator appeared to be of sound mind and eighteen (18) years of age or over; and that the signatures of the witnesses on the will are genuine.
Execution Timing
A self-proving affidavit can be signed any time after the will or codicil is executed, whether before or after the testator’s death. In practice, the witnesses typically sign it at the will signing.
Key Limitations
Uncontested proceedings only. The self-proving affidavit allows the Probate Court to routinely admit a will only “in the absence of objection by anyone interested in the estate of the deceased person.”
Inapplicable if genuine issues are raised. If an interested party objects to probate and submits evidence presenting a genuine issue of material fact regarding proper execution, the self-proving affidavit alone is no longer sufficient to admit the will to probate (Estate of Giuliano v. Giuliano).
Summary
The self-proving affidavit doesn’t change the requirements for a valid will in Rhode Island (signed by the testator, or by someone else in his presence at his express direction, and subscribed by two disinterested witnesses), but it removes a practical obstacle: locating witnesses, sometimes years or decades later, to confirm the will was properly signed.
