Personal Property Memorandum Requirements in Rhode Island

Short answer Rhode Island has no general statute authorizing a will-referenced, freely updatable personal property memorandum. R.I. Gen. Laws § 33-5-5 instead requires an ordinary will to be written and signed, with the testator signing or acknowledging the signature before two or more witnesses present at the same time and the witnesses subscribing in the testator's presence. A binding later change or revocation must use a route allowed by § 33-5-10.
State
Rhode Island
Statute checked
August 11, 2026
Sources
4 statutes

At a glance

Governing law and device recognizedNo general separate-writing device in R.I. Gen. Laws tit. 33 or ch. 33-5; ordinary will law applies (§ 33-5-5)
Will reference requiredN/A Title 33 has no statute making a will's reference to an informal property list effective
Eligible property and exclusionsNo memorandum-specific tangible-property definition, exclusion list, or value cap
Signature, handwriting, and dateNo memorandum formality; an ordinary will must be written, signed, and attested by two or more witnesses present together (§ 33-5-5)
Item and devisee identificationNo memorandum-specific item-and-recipient identification rule
Timing before or after the willNo statutory before-or-after-will list route
Alteration, replacement, and conflict priorityNo informal alteration or priority rule; later binding change or revocation must follow ordinary will/codicil law (§ 33-5-10)
Probate use, effect, and failure consequenceNo special memorandum admissibility, filing, delivery, lapse, or fallback rule; a dispositive writing must qualify under ordinary will/codicil law

Rhode Island uses ordinary will formalities, not a list statute

The current R.I. Gen. Laws tit. 33 chapter index and complete chapter 33-5 section index contain no provision authorizing a will-referenced, freely updatable writing for tangible personal property.

A separate paper therefore does not gain the special effect that a personal property memorandum statute gives it in some states. The ordinary statutory route is a valid will under R.I. Gen. Laws § 33-5-5. It must be in writing and signed by the testator or by another person at the testator's express direction and in the testator's presence. The testator must sign or acknowledge the signature before two or more witnesses present at the same time, and the witnesses must attest and subscribe in the testator's presence.

What trips people up

A will's reference to an informal list is not a substitute for a statute or ordinary testamentary execution. Chapter 33-5 contains no separate-list rule that relaxes the signature and witness requirements for a later property schedule.

Rhode Island also supplies no memorandum-specific property exclusions, value ceiling, date rule, item-and-recipient formula, alteration formality, competing- writing priority, or probate filing rule. Those features should not be borrowed from another state's statute.

For later binding changes, § 33-5-10 recognizes another will or codicil executed under § 33-5-5, a revocation writing executed like a will, or specified acts of destruction done with revocatory intent. It does not create an informal cross- out, replacement-list, or newest-memorandum route.

Common questions

Can the will simply refer to a list created later?

Title 33 and chapter 33-5 contain no statute giving that arrangement special effect. A later paper intended to operate as a binding testamentary instrument must satisfy ordinary will or codicil requirements.

Does a handwritten paper avoid the witness requirement?

Section 33-5-5 states no general exception for a wholly handwritten will. The ordinary will must be attested by two or more witnesses present at the same time as the section directs.

Does the state set a property type or value limit for a memorandum?

No. Because there is no memorandum statute, chapter 33-5 has no memorandum- specific eligible-property list, exclusion, per-item limit, or aggregate cap.

Can an informal new list revoke an older testamentary gift?

Section 33-5-10 does not provide that route. It identifies another properly executed will or codicil, a formal revocation writing, or specified destructive acts done with revocatory intent.

Statutes and sources

  • R.I. Gen. Laws tit. 33 and ch. 33-5 — current probate-title chapter index and complete execution-and-revocation section index. Rhode Island General Assembly: https://webserver.rilegislature.gov/Statutes/TITLE33/INDEX.HTM and https://webserver.rilegislature.gov/Statutes/TITLE33/33-5/INDEX.HTM (accessed 2026-08-11).
  • R.I. Gen. Laws § 33-5-5 — ordinary will writing, signature, acknowledgment, and witness requirements. Rhode Island General Assembly: https://webserver.rilegislature.gov/Statutes/TITLE33/33-5/33-5-5.htm (accessed 2026-08-11).
  • R.I. Gen. Laws § 33-5-10 — later will or codicil, formal revocation writing, and destructive-act routes. Rhode Island General Assembly: https://webserver.rilegislature.gov/Statutes/TITLE33/33-5/33-5-10.htm (accessed 2026-08-11).

Source links

Every statute quoted above, linked, with the date we checked it.

R.I. Gen. Laws § 33-5-5 · accessed 2026-08-11
R.I. Gen. Laws § 33-5-10 · accessed 2026-08-11
This page is general legal information about a will-referenced separate writing for tangible personal property, not legal, tax, valuation, title, firearms, marital-property, ownership, probate, or estate-planning advice about a particular will, writing, person, item, transfer, or estate. The device's availability and effect can depend on the will's exact reference, whether the will remains operative, the property's character and value, the writing's handwriting, signature placement and date, identification of items and recipients, later changes, competing writings, capacity, ownership, and post-death filing or proof. A writing that works in one state may fail in another, and it does not replace required title or transfer procedures. Verified against the cited official sources on the date shown; obtain prompt advice from a licensed estate-planning or probate attorney before preparing, changing, relying on, or administering a personal property memorandum.

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