Overview
If you (or a family member) need to sell a property that is owned with other people in Rhode Island in order to raise money for funeral costs and to pay property taxes, there are clear legal steps and practical choices to consider. The answer below explains ownership types, how claims and taxes are handled, options for selling by agreement, and what to do when a co-owner won’t cooperate.
Detailed answer — step by step
1. Identify how the property is owned
Ownership type determines what happens automatically when an owner dies and whether the deceased owner’s share must pass through probate.
- Joint tenants with right of survivorship: the survivor(s) typically get the decedent’s share automatically on death. The surviving owner(s) may be able to sell without probate, but you should confirm title records and any mortgage or liens.
- Tenants in common: each owner owns a distinct share that does not automatically pass to the others at death. The deceased owner’s share becomes part of that person’s estate and usually must be dealt with in probate or via a small‑estate procedure before a full sale of the whole property.
2. Check for immediate claims and liens
Funeral homes can have claims against the decedent’s estate. Property tax arrears, mortgages, and recorded liens also attach to the specific parcel and must be resolved at sale. An executor or administrator of the estate must usually pay valid creditor claims from estate assets before distributing proceeds.
3. If all co-owners agree to sell
Seller cooperation is the simplest path:
- Gather the deed, mortgage payoff statements, property tax statements, and any probate paperwork showing current legal ownership.
- Order a title search (recommended) so buyers and closing agents know about mortgages and liens that will be paid at closing.
- List the property or work with a real estate agent. At closing, outstanding mortgages, liens, unpaid property taxes, and conveyance fees are typically paid from sale proceeds. Remaining net proceeds are divided per the ownership shares (unless co‑owners agree otherwise).
- If the decedent’s interest is still in the estate (e.g., tenants in common), the personal representative/executor should sign to transfer the estate’s interest; closing will require proof of the representative’s authority (letters testamentary or letters of administration) or a court order permitting sale.
4. If a co‑owner refuses to cooperate — partition by sale
When co-owners cannot agree, Rhode Island law allows a court-ordered partition of real property. A partition action asks a Rhode Island court to divide the land or sell it and split the proceeds.
Partition is commonly done by sale when dividing the land physically is impractical. The court supervises the sale and the distribution of net proceeds after liens and taxes are paid.
For information about property and partition under Rhode Island law, see Title 34 of the Rhode Island General Laws: https://www.rilegislature.gov/Statutes/TITLE34/.
5. Probate and small‑estate options
If the decedent’s share must pass through probate, an executor or administrator must be appointed by the probate court to collect assets, pay funeral and creditor claims, and distribute assets. Rhode Island’s probate process and related statutes are in Title 33 of the Rhode Island General Laws: https://www.rilegislature.gov/Statutes/TITLE33/.
Rhode Island may allow simplified or small‑estate procedures in limited situations; if the estate’s assets (including the decedent’s real‑property interest) are small, a simplified filing could speed payment of funeral bills and taxes without full probate. Check with the local probate court or an attorney about eligibility.
6. Paying property taxes and funeral costs from sale proceeds
- At a sale closing, property taxes that are due and any outstanding municipal liens are usually paid from the proceeds before distributions to owners.
- Funeral expenses are normally paid from the decedent’s estate. If there is not enough estate cash, surviving co‑owners may need to agree to use sale proceeds, or the estate representative may obtain a court order authorizing sale of estate interest to pay those expenses.
- Be aware of the real estate conveyance or recording requirements and fees — the Rhode Island Division of Taxation has information on transfer taxes and related filings: https://www.tax.ri.gov/.
7. Practical timeline and likely costs
Key items that affect timing:
- Whether co‑owners agree (sale by agreement is fastest).
- Whether probate is required (can add weeks to months).
- Whether a partition lawsuit is needed (can add many months and court costs).
Typical costs: realtor commissions, title search and insurance, mortgage payoff, recording fees, transfer taxes, legal fees (if lawyers or court involvement are needed), and closing costs.
8. When to hire an attorney
Consider a Rhode Island attorney when:
- Ownership on the deed is unclear or disputed.
- Probate must be opened to administer the decedent’s share.
- A co‑owner refuses to cooperate and you may need a partition action.
- There are creditor claims, including funeral home claims or tax liens, that complicate closing.
To find a Rhode Island lawyer, you can consult the Rhode Island Judiciary or the Rhode Island Bar Association; the Judiciary site is a good source of court and probate forms: https://www.courts.ri.gov/.
Helpful hints
- Start by pulling the current deed from the town or city land records; this shows exact ownership wording and any mortgages or recorded liens.
- Get copies of the decedent’s death certificate and any Will — the probate court will need these if probate is required.
- Ask the funeral home for an itemized bill and whether they will file a claim in probate; some funeral homes will accept partial payment arrangements while the estate is being settled.
- Have a title company or attorney run a title search before listing; unexpected liens can delay closing and reduce net proceeds available to pay taxes and funeral costs.
- If time is urgent, see whether a small‑estate affidavit or an expedited probate filing can get access to funds more quickly. Local probate clerks can explain eligibility and required forms.
- If a co‑owner objects, keep records of all written offers to buy, communications, and attempts to agree — the court will want to see you attempted a consensual solution before ordering a sale.
- Budget for selling costs; the net you need to cover taxes and funeral expenses is sale price minus these costs.
Key Rhode Island resources
- Rhode Island General Laws (Probate and Property titles): https://www.rilegislature.gov/
- Rhode Island Judiciary (courts, probate information and forms): https://www.courts.ri.gov/
- Rhode Island Division of Taxation (conveyance and tax info): https://www.tax.ri.gov/
Next practical steps for you right now
- Get a copy of the deed from the local land records office to confirm ownership type.
- Contact the local probate court clerk to ask whether the decedent’s share requires probate and what forms or timelines apply.
- If all owners agree to sell, order a title search and contact a real estate agent to estimate net proceeds after paying liens, taxes, and costs.
- If a co‑owner refuses, consult a Rhode Island real estate or probate attorney about filing a partition action or obtaining a court order to sell the estate interest to cover urgent bills.
Disclaimer: This article is informational only and is not legal advice. Laws change and every situation is different. Consult a licensed Rhode Island attorney or the local probate court for advice about your specific situation.