§ 33-11-44 - Claims based on action commenced against decedent before death. - Rhode Island Statutes

SECTION 33-11-44

   § 33-11-44  Claims based on actioncommenced against decedent before death. – Any action or suit brought against a decedent in his or her lifetime, whichsurvives, and in which the personal representative shall be notified to takeupon itself the defense as provided in § 33-18-8, and any action or suit,upon any cause of action originating in the lifetime of the decedent and whichsurvives, brought against the personal representative before the estate hasbeen represented insolvent, shall not abate, but may be prosecuted to finaljudgment against the estate. Those claims may be presented in the office of theprobate clerk as provided in §§ 33-11-4 and 33-11-5, but need not beproved before the probate court, or the personal representative may be joinedas a defendant with notice to the probate court and served in the pendingaction. Execution upon the judgment in the case shall be stayed. If the estateis, or shall be represented insolvent, the amount of the judgment shall beincluded in or added as a claim against the estate, subject to the provisionsof § 33-11-32, but shall not be subject to appeal; and if the estate issolvent, execution may issue at any time after claims of the same class arepayable.