§ 33-13-4. Rights of creditors and heirs where no administration granted.
Any creditor or creditors of any deceased person who shall have died intestate, being seised at the time of his or her death of real estate within the state, and upon whose estate no letters of administration shall have been taken, shall be forever barred from collecting their claim or claims against the estate of such deceased person, unless they shall, within the period of six (6) years of the death of the person, petition the probate court having jurisdiction for letters of administration upon the estate; and the heirs of the deceased person may alien or incumber the real estate freed from the claim of all creditors after the period of six (6) years shall have elapsed without a petition having been filed as provided in this section; provided, that nothing in this section shall be construed to affect the right of any creditor to satisfy his or her claim from any security held by him or her.
History of Section.G.L., ch. 318, § 30, as enacted by P.L. 1914, ch. 1099, § 1; G.L. 1923, ch. 369, § 30; G.L. 1938, ch. 579, § 30; G.L. 1956, § 33-13-4.
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.