Short answer. Two years from the settlement and distribution. Within that period an heir unduly deprived of his lawful participation may compel a court settlement of the estate, and unpaid creditors may have the court fix their debts and order the distributees to contribute; the heirs' bond and the estate's real property stay charged throughout.

What the law says

If it shall appear at any time within two years after the settlement and distribution of an estate in accordance with the provisions of either of the first two sections of this rule, that an heir or other person has been unduly deprived of his lawful participation in the estate, such heir or such other person may compel the settlement of the estate in the courts

Rule 74, Section 4 — Liability of distributees and estate. Read the full provision →

What the law says

Such bond and such real estate shall remain charged with a liability to creditors, heirs, or other persons for the full period of two years after such distribution, notwithstanding any transfers of real estate that may have been made.

Rule 74, Section 4 — Liability of distributees and estate. Read the full provision →

The two-year window in the Rule itself

Rule 74, Section 4 gives a built-in remedy: If it shall appear at any time within two years after the settlement and distribution of an estate that an heir or other person has been unduly deprived of his lawful participation in the estate, such heir or such other person may compel the settlement of the estate in the courts. The period runs from the settlement and distribution, and the remedy is to force the estate into a judicial settlement so the omitted share can be carved out of what was distributed.

Unpaid debts and shares payable in money

The same two years protect creditors. If it appears within that time that there are outstanding, unpaid debts against the estate, or that someone's lawful participation payable in money was withheld, the court with jurisdiction over the estate may — after a hearing — settle the amount involved and order how much each distributee must contribute to pay it. The court can enforce that order by execution against the bond the distributees filed under the preceding section, or against the real estate belonging to the deceased, or both. The heirs who signed the settlement cannot simply point at one another; the court apportions the contribution among them.

The charge follows the land, even if sold

For the full two years, the security stays in place: Such bond and such real estate shall remain charged with a liability to creditors, heirs, or other persons for the full period of two years after such distribution, notwithstanding any transfers of real estate that may have been made. A buyer who acquires inherited land during that window takes it subject to this charge — which is why annotations referring to Rule 74 commonly sit on titles derived from an extrajudicial settlement, and why buyers are wary of recently settled estates.

If the two years have already passed

The lapse of the period closes the summary remedies this section provides — the charge on the bond and the land expires. But that is not automatically the end of the road for everyone. The two-year charge is the Rule's own mechanism; an heir who was left out of the settlement entirely may still have separate actions to recover his share, and those have their own reckoning and their own, often longer, periods. Which route remains open turns on facts a lawyer must see: the settlement deed, the titles and their annotations, and exactly when and how the distribution happened.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.