Rhode Island General Laws

R.I. Gen. Laws § 33-12-1 (2026)

Estate chargeable with debts

✓ current as of July 2026

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The estate, real and personal, of every deceased person shall be chargeable with the expenses of administration, including allowances to widow and family, the funeral charges of the deceased, including the cost of a place of burial, if necessary, and the payment of his or her debts; and the same shall be paid by the executor or administrator out of the estate, so far as the same shall be sufficient therefor.

Notes of Decisions

Cited in 3 cases, 1960–1999 · leading case: Desper v. Talbot, 727 A.2d 1233 (R.I. 1999).

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Desper v. Talbot, 727 A.2d 1233 (R.I. 1999). · cites it 2× “Mindful, however, that expenses of administration and funeral charges take precedence over Evelyn’s unpaid judgment claim pursuant to G.L. 1956 § 33-12-1, we remand this matter to the Superior Court with the following directions to the trial justice: (a) to grant Evelyn’s…”

Allsworth v. Scully, 250 A.2d 369 (R.I. 1960). · cites it 2× “They are: that the payment of funeral expenses is a charge against the estate of the deceased, citing numerous cases; 1 that the real as well as the personal estate of every deceased person is subject to such charge, citing §33-12-1 ; 2 that the payment of such charges does not…”

Cox v. Amend, 198 A.2d 48 (R.I. 1964). “” The distinction which the trial justice makes between debts of a decedent and charges against his estate is clearly disclosed in the provisions of §33-12-1. In enacting this section the legislature clearly specifies the obligations that are chargeable to the estate of the…”

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