29A-3-1006. Limitations on actions and proceedings against distributees.
134 words·~1 min read·
/sd/title-29/chapter-29-3/29a-3-1006A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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 a claimant to recover from a distributee who is liable to pay the claim, and the right of an heir or devisee, or of a successor personal representative acting in their behalf, to recover property improperly distributed or its value from any distributee is forever barred
(i)if a claim by a creditor of the decedent, three years after the decedent's death, and
(ii)any other claimant and any heir or devisee, at the later of three years after the decedent's death or one year after the time of its distribution. This section does not bar an action to recover property or value received as a result of fraud.