§ 33-18-17 — § 33-18-17. Action in name of estate prosecuted by interested person.

§ 33-18-17. Action in name of estate prosecuted by interested person.

If an administrator, executor, or guardian shall be requested by any person legally interested in the estate of a deceased person, or person under guardianship, to commence an action or proceeding to recover any property, personal or real, which the legally interested person may have reason to believe should be recovered for the benefit of the estate, and if the administrator, executor, or guardian shall, for fifteen (15) days after written notice so to do, either personally delivered to himself or herself or his or her agent, or left at the last and usual place of abode of himself or herself or his or her agent, refuse, neglect or for any reason be incompetent, to commence the action or proceeding, the legally interested person may institute proceedings in the name of the estate of the deceased person, or person under guardianship, in the same manner and to the same extent as the administrator, executor, or guardian may do in the case of personal property, and in the case of real estate in the same manner as a guardian, devisee, or heir at law may do, to recover the property.

Legislative History

G.L., ch. 312, § 52, as enacted by P.L. 1911, ch. 707, § 1; G.L. 1923, ch. 363, § 52; G.L. 1938, ch. 575, § 50; G.L. 1956, § 33-18-17.