§ 16-62-107 — Revivor of actions against personal representative of defendant

(a) An order to revive an action against the personal representative of a defendant, or against him or her and the heirs or devisees of the defendant, may be made at any time after the appointment of the personal representative. Upon application, the court shall grant such reasonable continuance as may be necessary to enable the personal representative properly to prepare for trial. (b) (1) An order to revive an action against the personal representative of a decedent for the purpose of proving a claim against the estate of the decedent shall not be made after the time fixed by law for filing claims against the said estate. (2) An order of revivor may, however, be made against the personal representative of a deceased defendant after the expiration of the time for filing claims against the estate in any case where the personal representative may be a necessary or proper party for the determination of rights of the estate in the subject matter of the action. (3) No order of revivor against either the personal representative or the heirs or devisees of the decedent shall be made except with the consent of such personal representative, heirs, or devisees unless made within one (1) year from the time when it could first have been made, except as provided in § 16-62-108 .

Legislative History

Civil Code, §§ 560, 561; C. & M. Dig., §§ 1064, 1065; Pope's Dig., §§ 1267, 1268; Acts 1963, No. 84, §§ 2, 3; A.S.A. 1947, §§ 27-1015, 27-1016.