75-3-104. Claims against decedent -- Necessity of administration.
No proceeding to enforce a claim against the estate of a decedent or his successors may
be revived or commenced before the appointment of a personal representative. After the
appointment and until distribution, all proceedings and actions to enforce a claim against the
estate are governed by the procedure prescribed by this Chapter 3. After distribution a creditor
whose claim has not been barred may recover from the distributees as provided in Section
75-3-1004 or from a former personal representative individually liable as provided in Section
75-3-1005. This section has no application to a proceeding by a secured creditor of the decedent
to enforce his right to his security except as to any deficiency judgment which might be sought
therein.
Enacted by Chapter 150, 1975 General Session
Download Code Section Zipped WordPerfect 75_03_010400.ZIP 1,977 Bytes
Sections in this Chapter|Chapters in this Title|All Titles|Legislative Home Page
Last revised: Thursday, May 28, 2009