Civil action on claims disallowed prior to the expiration of six (6) months from first
publication may be brought in the district or superior court depending upon the amount
in controversy no later than thirty (30) days after the expiration of six (6) months
from first publication, and such civil action on claims disallowed after the expiration
of six (6) months from first publication may be brought within thirty (30) days after
notice is given to the claimant that the claim is disallowed or within thirty (30)
days after said disallowance is affirmed by the probate court, whichever is later,
unless the estate has been represented as insolvent. If, subsequent to the expiration
of the period in which such civil action may be brought, the personal representative
shall represent the estate as insolvent, a disallowed claim, on which suit is barred
by the foregoing provision of this section, shall not be provable before the probate
court.
Notes of Decisions
Cited in
7
cases, 1960–2017 · leading case:
Heflin v. Koszela, 774 A.2d 25 (R.I. 2001).
Heflin v. Koszela, 774 A.2d 25 (R.I. 2001).
· cites it 7× “Heflin maintains that the hearing justice erred in applying § 33-11-48 to the instant action because that section applies only to claims made by the creditors of an estate.”
Mellor v. O'Connor, 712 A.2d 375 (R.I. 1998).
· cites it 5× “On March 20, 1992, plaintiff filed the instant action in Kent County Superior Court pursuant to G.L.1956 § 33-11-48. 1 The first count of the complaint alleged that the estate had “breached its obligation under the Note by failing to pay any portion of the sums due under the…”
Hopp v. C.H.B. Dev. Corp., 669 A.2d 1152 (R.I. 1996).
· cites it 5× “1956 (1984 Reenactment) § 33-11-48, as amended by P.L.1984, ch. 402, § 1, and the general statute of limitations, G.”
Clark v. Bowler, 623 A.2d 27 (R.I. 1993).
“1956 (1984 Reenactment) § 33-11-48, as amended by P.L. 1984, ch. 402, § 1.”
Allsworth v. Scully, 250 A.2d 369 (R.I. 1960).
“Thereupon, plaintiff *186 commenced the instant action on November 29, 1967, as authorized by §33-11-48. Subsequent thereto, namely January 26, 1968, the Locklins conveyed the property in question to James J.”
Fitch v. Firestone, 184 F. Supp. 424 (D.R.I. 1960).
“, § 33-11-48. As to the effect of this special statute of limitations, see Gray v.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.