75-3-802. Statutes of limitations.
Unless an estate is insolvent the personal representative, with the consent of all successors
whose interests would be affected, may waive any defense of limitations available to the estate. If
the defense is not waived, no claim which was barred by any statute of limitations at the time of
the decedent's death shall be allowed or paid. The running of any statute of limitations measured
from some other event than death and advertisement for claims against a decedent is suspended
during the three months following the decedent's death but resumes thereafter as to claims not
barred pursuant to the sections which follow. For purposes of any statute of limitations, the
proper presentation of a claim under Section 75-3-804 is equivalent to commencement of a
proceeding on the claim.
Amended by Chapter 194, 1977 General Session
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Last revised: Thursday, May 28, 2009