Personal Property Memorandum

PERSONAL PROPERTY MEMORANDUM

Guidance for Disposition of Tangible Personal Property — Rhode Island

Table of Contents

1. Identifying Information
2. Will Reference
3. Purpose and Legal Status
4. Definitions and Exclusions
5. Personal Property Distribution Schedule
6. Alternate Beneficiary Instructions
7. Categories of Property
8. Special Instructions
9. Amendment and Revocation
10. Execution
11. State-Specific Notes

1. Identifying Information

Testator Full Legal Name: [________________________________]

Date of Birth: [__/__/____]

Address: [________________________________]

City: [________________] State: Rhode Island ZIP: [________]

Telephone: [________________] Email: [________________________________]

2. Will Reference

This Personal Property Memorandum is made in connection with my Last Will and Testament executed on [__/__/____] in [________________], Rhode Island.

3. Purpose and Legal Status

This document identifies specific items of tangible personal property that I wish to distribute to named individuals upon my death. This memorandum is intended to be:

☐ Incorporated by reference into my Last Will and Testament
☐ Used as precatory (non-binding) guidance to my executor

IMPORTANT NOTICE: Rhode Island does not have a specific statute comparable to UPC § 2-513 authorizing a separate writing for the disposition of tangible personal property. The enforceability of this memorandum depends on proper incorporation by reference into a validly executed will under Rhode Island common-law principles.

4. Definitions and Exclusions

Tangible Personal Property Included:
Items of personal property that can be physically possessed, including but not limited to:

• Furniture and household furnishings
• Jewelry and watches
• Artwork, collectibles, and antiques
• Clothing and personal accessories
• Electronics and appliances
• Sporting goods, tools, and equipment
• Books, photographs, and personal papers
• Vehicles not held for trade or business

Excluded Property:
The following items should NOT be distributed through this memorandum:

• Money (cash, bank accounts, or equivalents)
• Evidences of indebtedness (promissory notes, bonds)
• Documents of title
• Securities (stocks, mutual funds, brokerage accounts)
• Real property
• Property used in a trade or business

5. Personal Property Distribution Schedule

6. Alternate Beneficiary Instructions

If any named recipient listed above predeceases me or is unable or unwilling to accept the designated item, I request that the item be distributed as follows:

☐ To the alternate beneficiary named below for that item
☐ According to the residuary clause of my Will
☐ Divided equally among my surviving named recipients
☐ At the discretion of my executor
☐ Other: [________________________________]

Alternate Beneficiaries:

7. Categories of Property

7.1 Jewelry and Watches

7.2 Furniture and Household Furnishings

7.3 Artwork, Collectibles, and Antiques

7.4 Electronics and Appliances

7.5 Vehicles and Recreational Equipment

7.6 Other Tangible Personal Property

8. Special Instructions

[________________________________]
[________________________________]
[________________________________]

9. Amendment and Revocation

IMPORTANT: Because Rhode Island does not have a UPC-style statute for post-execution memoranda, this memorandum generally CANNOT be amended after the will is executed without executing a new will or codicil to incorporate the amended version. If used as precatory guidance only, updates may be made without a codicil, but the executor is not legally bound to follow them.

☐ This memorandum supersedes all prior personal property memoranda.
☐ This memorandum supplements my prior memorandum dated [__/__/____].

10. Execution

I, [________________________________], declare that this Personal Property Memorandum is made voluntarily, that I am of sound mind, and that the distributions described herein reflect my wishes regarding the disposition of my tangible personal property.

Signature of Testator: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Witness 1:

Signature: ________________________________________ Date: [__/__/____]

Printed Name: [________________________________]

Address: [________________________________]

Witness 2:

Signature: ________________________________________ Date: [__/__/____]

Printed Name: [________________________________]

Address: [________________________________]

11. State-Specific Notes

• No Specific Statute: Rhode Island does NOT have a statute comparable to UPC § 2-513 authorizing a separate writing for tangible personal property disposition. This is a critical distinction from UPC states.
• Incorporation by Reference: For binding effect, this memorandum must be incorporated by reference into the will under common-law principles. The document must be in existence at the time the will is executed and must be clearly identified in the will.
• Precatory Alternative: Many Rhode Island attorneys use precatory language in the will (e.g., "I request that my executor distribute my tangible personal property in accordance with any memorandum I may leave") to provide flexibility. This creates a non-binding request.
• Amendment Limitation: Unlike UPC states, any amendment to this memorandum requires a new will or codicil for binding effect.
• Will Execution Requirements (R.I.G.L. § 33-5-5): A valid will must be in writing, signed by the testator, and attested and subscribed in the testator's presence by two or more competent witnesses.
• Rhode Island Estate Tax: Rhode Island imposes its own estate tax with a lower threshold than the federal estate tax. Consult a tax advisor regarding potential implications for the estate.
• Probate Court Administration: Rhode Island probate matters are handled at the municipal level. Probate courts in each city and town administer estate matters under R.I.G.L. Title 33.
• Recommendation: Consult a Rhode Island estate planning attorney to determine the best approach for your circumstances, particularly regarding whether incorporation by reference or precatory language is most appropriate.

This template is provided for informational purposes only and does not constitute legal advice. Consult a licensed Rhode Island attorney before use. Last updated: 2026-04-01.