§ 15-12-104 — Claims against decedent

No claim may be presented and no
proceeding to enforce a claim against the estate of a decedent or his or her
successors may be revived or commenced before the appointment of a personal
representative, except as permitted by section 15-12-804. 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 15-12-1004 or from a former personal representative individually
liable as provided in section 15-12-1005. This section has no application to a
proceeding by a secured creditor of the decedent to enforce his or her right to his
or her security except as to any deficiency judgment that might be sought therein.

Legislative History

Source: L. 73: R&RE, p. 1565, � 1. C.R.S. 1963: � 153-3-104. L. 2006: Entire section amended, p. 373, � 1, effective July 1.