What Happens When an Estate Is Insolvent in Rhode Island?
Enter the estate's assets and the claims in each class of Rhode Island's payment order to see which claims are paid in full, which are paid in part, and which go unpaid, along with when the executor is personally liable.
Frequently Asked Questions
An estate is insolvent when the claims against it exceed the assets available to pay them. Rhode Island then pays the claims in 9 classes, in the order its statute sets, and the classes at the end of the order are the ones left unpaid when the money runs outR.I. Gen. Laws § 33-12-11Verified Sep 23, 2026View source.
1. Necessary funeral chargesR.I. Gen. Laws § 33-12-11(a)(1)Verified Sep 23, 2026View source. 2. Necessary expenses of last sicknessR.I. Gen. Laws § 33-12-11(a)(2)Verified Sep 23, 2026View source. 3. Debts due to the United StatesR.I. Gen. Laws § 33-12-11(a)(3)Verified Sep 23, 2026View source. 4. Debts due to Rhode Island, and all state and town taxesR.I. Gen. Laws § 33-12-11(a)(4)Verified Sep 23, 2026View source. 5. Past and future child support obligations (§ 33-11-51)R.I. Gen. Laws § 33-12-11(a)(5)Verified Sep 23, 2026View source. 6. Wages for labor performed within 6 months before death, up to $1,000 per personR.I. Gen. Laws § 33-12-11(a)(6)Verified Sep 23, 2026View source. 7. Proceeds due the Rhode Island state lottery (§ 42-61-6.2)R.I. Gen. Laws § 33-12-11(a)(7)Verified Sep 23, 2026View source. 8. Other debts filed within 6 months of the first noticeR.I. Gen. Laws § 33-12-11(a)(8)Verified Sep 23, 2026View source. 9. All other debtsR.I. Gen. Laws § 33-12-11(a)(9)Verified Sep 23, 2026View source.
In proportion to their amounts: each claim in the class receives the same share of what it is owedR.I. Gen. Laws § 33-12-11(b)Verified Sep 23, 2026View source.
A executor is not personally liable for the decedent's debtsR.I. Gen. Laws § 33-9-27Verified Sep 23, 2026View source. A executor who pays a later class before an earlier class is paid in full is personally liableR.I. Gen. Laws § 33-11-19(c)Verified Sep 23, 2026View source. Rhode Island's statutes state no rule on the executor's personal liability for distributing property to heirs while claims are unpaid.
A person named in the will files a written declination with the court (R.I. Gen. Laws § 33-8-4; PC-3.4 Acceptance/Declination (Rev. 03/21)). The writing is signed and acknowledged before a notary. Renunciation of Executor for Rhode Island
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