If an executor, administrator, or guardian shall neglect to appear and take upon himself or herself the prosecution or defense of an action, suit, or proceeding as provided in § 33-9-24, being duly notified thereof by order of the court where the same shall be pending, or if, having appeared and become a party thereto, judgment shall pass against the executor, administrator, or guardian, the court, subject to the provisions of § 33-11-44, may enter judgment against the estate in the hands of the executor, administrator, or guardian, and the like process shall be had thereon as if the action, suit, or proceeding had been originally commenced against him or her in his or her original capacity.