§ 33-13-15. Action by creditor against heirs, next of kin, devisees, and legatees.
Any creditor holding a contingent claim, the right of action on which did not accrue during the period of six (6) months, who shall bring his or her action within one year after his or her right of action accrues, and any creditor who from accident, mistake or other cause has failed to file his or her claim within six (6) months after the first publication of notice who shall bring his or her action not later than three (3) years after the first publication, may recover his or her claim against the heirs and next of kin of the deceased, or against the devisees and legatees under his or her will, each one of whom shall be liable to the creditor to an amount not exceeding the value of real or personal estate that he or she has received from the deceased. But, if by the will of the deceased any part of his or her estate, or any one or more of the devisees or legatees, is made exclusively liable for the claim in exoneration of the residue of the estate or of other devisees or legatees, those provisions of the will shall be complied with and the persons and estates so exempted shall be liable for only so much of the claims as cannot be recovered from those who are first chargeable therewith.
History of Section.C.P.A. 1905, § 985; G.L. 1909, ch. 318, § 20; G.L. 1923, ch. 369, § 20; G.L. 1938, ch. 579, § 20; P.L. 1939, ch. 706, § 1; P.L. 1941, ch. 1003, § 8; G.L. 1956, § 33-13-15.
Structure Rhode Island General Laws
Title 33 - Probate Practice and Procedure
Chapter 33-13 - Legacies, Devises, and Inheritance
Section 33-13-1. - Notice of devise or bequest to corporation or association.
Section 33-13-2. - Order for conversion of personalty into cash and distribution.
Section 33-13-3. - Restrictions on power of heir or devisee to incumber or alien realty.
Section 33-13-4. - Rights of creditors and heirs where no administration granted.
Section 33-13-5. - Payment of legacy on giving of indemnity bond.
Section 33-13-6. - Filing of statement listing legatees — Notice.
Section 33-13-7. - Approval of statement listing legatees — Order to pay legacies.
Section 33-13-8. - Determination of questions as to legacies.
Section 33-13-8.1. - Distributions in kind in satisfaction of pecuniary bequests.
Section 33-13-10. - Action for an accounting brought by residuary legatee.
Section 33-13-11. - Time when order of distribution allowed.
Section 33-13-12. - Time when order of distribution required.
Section 33-13-13. - Payment of money into court for benefit of foreign legatee or distributee.
Section 33-13-14. - Liability of heirs, next of kin, devisees, and legatees for debts.
Section 33-13-15. - Action by creditor against heirs, next of kin, devisees, and legatees.
Section 33-13-17. - Recovery of creditors’ claims — Apportionment of liability.
Section 33-13-18. - Failure of creditor to join all defendants — Addition of parties.
Section 33-13-20. - Indemnity between heirs, next of kin, legatees, and devisees.