A claimant against an estate who has failed to present his claim in due form within the time required, may bring an action in his own name without leave of court on a refunding bond given by a devisee or heir and recover the proportion of his claim which ought to be paid out of the devise or distributive share for which the bond was given.
Recovery on a refunding bond shall in no case exceed the amount actually received by the devisee or heir furnishing the bond.
N.J.S. § 3B:22-16