75-3-104 - Claims against decedent -- Necessity of administration.
75-3-104. Claims against decedent -- Necessity of administration.
No proceeding to enforce a claim against the estate of a decedent or his successors maybe revived or commenced before the appointment of a personal representative. After theappointment and until distribution, all proceedings and actions to enforce a claim against theestate are governed by the procedure prescribed by this Chapter 3. After distribution a creditorwhose claim has not been barred may recover from the distributees as provided in Section75-3-1004 or from a former personal representative individually liable as provided in Section75-3-1005. This section has no application to a proceeding by a secured creditor of the decedentto enforce his right to his security except as to any deficiency judgment which might be soughttherein.
Enacted by Chapter 150, 1975 General Session