§ 33-12-11. Order of preference of debts.
(a) If the estate of a decedent is insufficient to pay his or her debts, the same, after deducting the charges of administration, and any property as is set off and allowed to the widow and family, shall be applied to the payment of his or her debts and charges in the following order:
(1) The necessary funeral charges of the deceased.
(2) The necessary expenses of his or her last sickness.
(3) Debts due to the United States.
(4) Debts due to this state, and all state and town taxes.
(5) Past and future child support obligations pursuant to § 33-11-51.
(6) Wages of labor performed within six (6) months next prior to the death of the deceased person, not exceeding one thousand dollars ($1,000) to any one person.
(7) Proceeds due the Rhode Island state lottery pursuant to § 42-61-6.2.
(8) Other debts filed within six (6) months of the first notice.
(9) All other debts.
(b) If there is not sufficient property to pay all the debts of any class, the creditors of that class shall be paid ratably upon their respective claims; and no payment shall be made to creditors of any class until all of those of the preceding class or classes have been paid in full.
History of Section.C.P.A. 1905, § 913; G.L. 1909, ch. 314, § 33; G.L. 1923, ch. 365, § 33; G.L. 1938, ch. 578, § 33; G.L. 1956, § 33-12-11; P.L. 1981, ch. 288, § 2; P.L. 2008, ch. 298, § 2; P.L. 2008, ch. 314, § 2.
Structure Rhode Island General Laws
Title 33 - Probate Practice and Procedure
Chapter 33-12 - Payment of Decedents’ Debts and Charges
Section 33-12-1. - Estate chargeable with debts.
Section 33-12-2. - Order of application of property.
Section 33-12-3. - Expenses included in expenses of administration.
Section 33-12-4. - Sale or mortgage of real estate when personalty insufficient.
Section 33-12-5. - Real estate not devised applied first.
Section 33-12-6. - Sale of real estate to effect prompt settlement of estate.
Section 33-12-7. - Powers of temporary executors and administrators with will annexed over realty.
Section 33-12-8. - Public or private sale of assets.
Section 33-12-11. - Order of preference of debts.
Section 33-12-12. - Decrees for distribution of insolvent estates.
Section 33-12-13. - Disposition of assets of nonresident.
Section 33-12-16. - Residue of insolvent estate of nonresident after payment to citizens.