<section number="75-3-104"><effdate>5/7/2025</effdate><histories><history>Amended by Chapter <modchap sess="2025GS">59</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Claims against decedent -- Necessity of administration -- Exclusions.</catchline><subsection number="75-3-104(1)"><subsection number="75-3-104(1)(a)">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. </subsection><subsection number="75-3-104(1)(b)">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 <xref depth="1" refid="C75-3_1800010118000101" refnumber="75-3" start="1">Chapter 3, Probate of Wills and Administration</xref>. </subsection></subsection><subsection number="75-3-104(2)">After distribution a creditor whose claim has not been barred may recover from the distributees as provided in Section <xref depth="3" refid="C75-3-S1004_1800010118000101" refnumber="75-3-1004" start="0">75-3-1004</xref> or from a former personal representative individually liable as provided in Section <xref depth="3" refid="C75-3-S1005_1800010118000101" refnumber="75-3-1005" start="0">75-3-1005</xref>. </subsection><subsection number="75-3-104(3)">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.</subsection><subsection number="75-3-104(4)"><subsection number="75-3-104(4)(a)">For purposes of this chapter, a lien or right to recover described in Section <xref depth="3" refnumber="26B-3-1013">26B-3-1013</xref> is not a claim.</subsection><subsection number="75-3-104(4)(b)">Nothing in this chapter limits the Department of Health and Human Services' right to recovery under Section <xref depth="3" refnumber="26B-3-1013">26B-3-1013</xref>.</subsection></subsection></section>