R.I. Gen. Laws
Rhode Island General Laws

R.I. Gen. Laws § 33-12-4 (2026)

Sale or mortgage of real estate when personalty insufficient

✓ current as of July 2026
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If the personal property of a deceased person is insufficient to pay his or her debts, funeral expenses, charges of administration, and the expense of supporting his or her family, as prescribed by law, and the legacies as are expressly or impliedly charged upon the real estate, his or her executor or administrator shall sell or mortgage for an amount decreed, in the manner provided in this chapter, so much of his or her real estate or of any interest in the real estate as may be subject to and required for the purpose of payments.

Notes of Decisions
Cited in 3 cases, 1960–2013 · leading case: In re Est. of May Manchester, 66 A.3d 426 (R.I. 2013).
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In re Est. of May Manchester, 66 A.3d 426 (R.I. 2013). · cites it 2× “Such motions are usually made pursuant to G.L.1956 § 33-12-4, which provides that: "If the personal property of a deceased person is insufficient to pay his or her debts, * * * his or her executor or administrator shall sell or mortgage for an amount decreed, in the manner…”
Hanley v. Alarie, 746 A.2d 125 (R.I. 2000). · cites it 2× “Section 33-12-4 provides that “[i]f the personal property of a deceased person is insufficient to pay his or her debts, funeral expenses, charges of administration, and the expense of supporting his or her family * * * his or her executor or administrator shall sell or mortgage…”
Allsworth v. Scully, 250 A.2d 369 (R.I. 1960). “Sections 33-12-4 and 33-12-5; see also Reynolds v.”
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