72-3-104. Claims against decedent -- necessity of administration. (1) A proceeding to enforce a claim against the estate of a decedent or the decedent's successors may not 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 Title 72, chapter 3, parts 1 through 10, and 72-3-1101 through 72-3-1103. After distribution, a creditor whose claim has not been barred may recover from the distributees as provided in 72-3-1012 or from a former personal representative individually liable as provided in 72-3-1014.
(2) This section has no application to a proceeding by a secured creditor of the decedent to enforce the secured creditor's right to security except as to any deficiency judgment that might be sought in the proceeding.
History: En. 91A-3-104 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-104; amd. Sec. 93, Ch. 51, L. 1999.