TITLE 15

UNIFORM PROBATE CODE

CHAPTER 3

PROBATE OF WILLS AND ADMINISTRATION

PART 1.

GENERAL PROVISIONS

15-3-104.  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. After distribution a creditor whose claim has not been barred may recover from the distributees as provided in section 15-3-1004 of this code or from a former personal representative individually liable as provided in section 15-3-1005 of this code. 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.

History:

[I.C., sec. 15-3-104, as added by 1971, ch. 111, sec. 1, p. 233.]