<?xml version="1.0" encoding="ISO-8859-1"?><section number="75-3-1006"><histories><history>Amended by Chapter <modchap sess="1992GS">179</modchap>, 1992 General Session</history><modyear>1992</modyear></histories><catchline>Limitations on actions and proceedings against distributees.</catchline><subsection number="75-3-1006(1)">
Unless previously adjudicated in a formal testacy proceeding or in a proceeding settling the accounts of a personal representative or otherwise barred, the claim of any claimant to recover from a distributee who is liable to pay the claim, and the right of any heir or devisee or of a successor personal representative acting in their behalf, to recover property improperly distributed or the value thereof from any distributee is barred at the later of:
<subsection number="75-3-1006(1)(a)">
as to a claim by a creditor of the decedent, one year after the decedent's death; and</subsection><subsection number="75-3-1006(1)(b)">
as to any other claimant and any heir or devisee, at the later of:<subsection number="75-3-1006(1)(b)(i)">
three years after the decedent's death; or</subsection><subsection number="75-3-1006(1)(b)(ii)">
one year after the time of distribution thereof.</subsection></subsection></subsection><subsection number="75-3-1006(2)">
This section does not bar an action to recover property or value received as the result of fraud.</subsection></section>
