(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.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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