75-3-802 - Statutes of limitations.
75-3-802. Statutes of limitations.
Unless an estate is insolvent the personal representative, with the consent of all successorswhose interests would be affected, may waive any defense of limitations available to the estate. Ifthe defense is not waived, no claim which was barred by any statute of limitations at the time ofthe decedent's death shall be allowed or paid. The running of any statute of limitations measuredfrom some other event than death and advertisement for claims against a decedent is suspendedduring the three months following the decedent's death but resumes thereafter as to claims notbarred pursuant to the sections which follow. For purposes of any statute of limitations, theproper presentation of a claim under Section 75-3-804 is equivalent to commencement of aproceeding on the claim.
Amended by Chapter 194, 1977 General Session