§ 33-17-16. Facts to be shown by creditor suing on bond.
If a suit is brought by a creditor of the deceased person, he or she shall show:
(1) That his or her claim has been duly filed;
(2) That his or her claim has not been disallowed by the executor or administrator, or has been established by commissioners, or by judgment; and
(3) That a decree of unfaithful administration has been entered as provided in § 33-17-17, and if the estate be insolvent, he or she shall also produce a copy of the order of distribution.
History of Section.C.P.A. 1905, § 1027; G.L. 1909, ch. 320, § 16; G.L. 1923, ch. 371, § 15; G.L. 1938, ch. 576, § 15; G.L. 1956, § 33-17-16.
Structure Rhode Island General Laws
Title 33 - Probate Practice and Procedure
Chapter 33-17 - Bonds of Executors, Administrators, and Guardians
Section 33-17-1. - Conditions of bond.
Section 33-17-1.2. - When surety not required.
Section 33-17-1.3. - When surety not required for guardians.
Section 33-17-2. - Meaning of condition in bond of “faithful performance”.
Section 33-17-3. - Bond to pay debts, legacies, and allowances.
Section 33-17-4. - Testamentary exemption from bond or surety.
Section 33-17-5. - Failure to give bond as declination of trust.
Section 33-17-6. - Defective bonds.
Section 33-17-7. - Examination and approval of bond.
Section 33-17-8. - Joint fiduciaries.
Section 33-17-9. - Bonds payable to and suable by court — Lost bonds.
Section 33-17-10. - Requiring further bond or sureties.
Section 33-17-11. - Cancelation of bond — New bond.
Section 33-17-12. - Release of surety — New surety — Action by surety against principal.
Section 33-17-13. - Order to principal on bond to exhibit condition of estate.
Section 33-17-14. - Copies of bond — Suit in name of court.
Section 33-17-15. - Beneficiaries of suit on bond shown — Costs.
Section 33-17-16. - Facts to be shown by creditor suing on bond.
Section 33-17-17. - Decree of unfaithful administration.
Section 33-17-18. - Evidence in action by distributee.
Section 33-17-19. - Hearing and judgment of forfeiture of bond.
Section 33-17-20. - Execution on judgment of forfeiture.
Section 33-17-21. - Addition of parties to suit for forfeiture.
Section 33-17-22. - Action on judgment for penalty.
Section 33-17-23. - Obligors not released by judgment on bond.
Section 33-17-24. - Suit on bond following judgment for obligor.
Section 33-17-25. - Suit for benefit of all interested in estate.
Section 33-17-26. - Suit on bond for failure to inventory or account for property.
Section 33-17-27. - Judgment and execution in suit for failure to inventory or account.
Section 33-17-28. - Administration of amount recovered in suit for failure to inventory or account.
Section 33-17-29. - Consolidation of suits against joint fiduciaries — Execution.