How Debts Are Handled in Rhode Island Probate

When a loved one passes away, their estate often goes through probate—a legal process in which debts are settled and remaining assets are distributed to heirs. In Rhode Island, understanding how debts are handled during probate is essential for both families and personal representatives. At Tomassi Law, LLC, we help guide Warwick families through this process with clarity and care.

The Role of the Executor or Administrator

The executor (if named in a will) or court-appointed administrator is responsible for managing the estate. One of their key duties is identifying and paying the deceased person’s valid debts before distributing assets to beneficiaries. This means creditors often have priority over heirs when it comes to estate property.

Identifying and Notifying Creditors

Rhode Island law requires the estate representative to notify known creditors and publish notice to unknown creditors. Creditors are given a specific period of time to submit claims against the estate. If they fail to act within that timeframe, they may lose the right to collect.

Types of Debts Paid Through Probate

Typical debts settled during probate include:

• Medical bills
• Credit card balances
• Mortgage payments
• Personal loans
• Taxes owed

These debts must be satisfied using estate funds before heirs can receive their inheritance.

What If the Estate Can’t Cover All Debts?

If the estate lacks sufficient assets, Rhode Island law sets out a priority system for paying debts. For example, administrative costs, funeral expenses, and taxes are typically paid before unsecured debts like credit cards. Beneficiaries generally do not become personally responsible for unpaid debts, unless they co-signed or guaranteed them.

Protecting Assets and Heirs

Because probate can be complicated, working with an attorney can help ensure debts are properly handled and that heirs receive what they are legally entitled to. At Tomassi Law, LLC, we assist Warwick families with probate matters, ensuring obligations are met while safeguarding beneficiaries’ rights.