§3-104. Claims against decedent; necessity of administration
138 words·~1 min read·
/me/title-18-c-probate-code/3-104A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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 this Article. After distribution, a creditor whose claim has not been barred may recover from the distributees as provided in section 3‑1004 or from a former personal representative individually liable as provided in section 3‑1005 .
This section has no application to a proceeding by a secured creditor of the decedent to enforce the creditor's right to the security except as to any deficiency judgment that might be sought. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]