§ 33-13-9. Action for recovery of legacy — Action to preserve lien or charge upon real estate.
(a) A legatee may recover his or her legacy in a civil action; but no action shall be brought for recovery against an executor or administrator with the will annexed, for the recovery of a legacy, until the executor or administrator has filed a statement of the legacies to be paid under the provisions of § 33-13-6 or failed to comply with the provisions of § 33-13-6.
(b) All actions to impress and preserve a lien or charge upon real estate based upon a will duly proven after May 28, 1959, wherein real estate is subject to a lien or charge expressed or implied, shall be commenced and sued within six (6) years from the date the will is proven or the right accrues and not later; and all actions to impress and preserve a lien or charge upon real estate based upon a will duly proven prior to May 28, 1959, wherein real estate is subject to a lien or charge expressed or implied, shall be commenced and sued within six (6) years from May 28, 1959, or if on the effective date the right to sue shall not have accrued, then within six (6) years of the time when the right to sue shall have accrued, and not later; and in any event any such lien or charge shall be wholly lost unless notice of the suit shall be filed in the land records of the city or town where the real estate lies within ten (10) days of the commencement of the suit.
History of Section.C.P.A. 1905, § 977; G.L. 1909, ch. 318, § 12; G.L. 1923, ch. 369, § 12; G.L. 1938, ch. 579, § 12; G.L. 1956, § 33-13-9; P.L. 1959, ch. 115, § 1.
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.