Rhode Island General Laws

R.I. Gen. Laws § 33-13-3 (2026)

Restrictions on power of heir or devisee to incumber or alien realty

✓ current as of July 2026

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No heir or devisee of a deceased person shall have power, within two (2) years and six (6) months after the first publication of the notice of the qualification of the first executor or administrator on the estate of the deceased person, to incumber or alien the real estate of the deceased so as to prevent or affect the sale of the real estate by the executor or administrator, if necessary, as prescribed by law; provided, however, unless otherwise directed by will or codicil, that after the expiration of the period of two (2) years and six (6) months from the date of first publication, without any deduction of time when there was no representative of the estate, the heir or devisee may alien or incumber the real estate, and the real estate shall not be chargeable with any lien for the debts of the deceased.

Notes of Decisions

Cited in 1 case, 1960–1960 · leading case: Allsworth v. Scully, 250 A.2d 369 (R.I. 1960).

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Allsworth v. Scully, 250 A.2d 369 (R.I. 1960). · cites it 2× “Contrariwise, plaintiff argues that since there is no limitation as to the time within which letters of administration may be applied for, and further, that once an administrator has been appointed, regardless of when that may be, the real estate of the intestate is subject to…”

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.