§ 33-13-9 - Action for recovery of legacy – Action to preserve lien or charge upon real estate.
SECTION 33-13-9
§ 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 actionshall be brought for recovery against an executor or administrator with thewill annexed, for the recovery of a legacy, until the executor or administratorhas 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 uponreal estate based upon a will duly proven after May 28, 1959, wherein realestate is subject to a lien or charge expressed or implied, shall be commencedand sued within six (6) years from the date the will is proven or the rightaccrues and not later; and all actions to impress and preserve a lien or chargeupon real estate based upon a will duly proven prior to May 28, 1959, whereinreal estate is subject to a lien or charge expressed or implied, shall becommenced and sued within six (6) years from May 28, 1959, or if on theeffective 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; andin any event any such lien or charge shall be wholly lost unless notice of thesuit shall be filed in the land records of the city or town where the realestate lies within ten (10) days of the commencement of the suit.