Idaho Statutes
§ 15-3-104 — CLAIMS AGAINST DECEDENT — NECESSITY OF ADMINISTRATION
Idaho § 15-3-104
JurisdictionIdaho
Title 15UNIFORM PROBATE CODE
Part 1.GENERAL PROVISIONS
Ch. 3PROBATE OF WILLS AND ADMINISTRATION
This text of Idaho § 15-3-104 (CLAIMS AGAINST DECEDENT — NECESSITY OF ADMINISTRATION) is published on Counsel Stack Legal Research, covering Idaho primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Idaho Code § 15-3-104 (2026).
Text
No proceeding to enforce a claim against the estate of a decedent or his successors may be revived or commenced before the appointment of a personal representative. 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 chapter. After distribution a creditor whose claim has not been barred may recover from the distributees as provided in section 15-3-1004 of this code or from a former personal representative individually liable as provided in section 15-3-1005 of this code. This section has no application to a proceeding by a secured creditor of the decedent to enforce his right to his security except as to any deficiency judgment which might be sought therein.
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Related
H&W v. Cathie Peterson RE: The Estate of Melvin Peterson (deceased)
340 P.3d 1143 (Idaho Supreme Court, 2014)
Matter of Estate of Keeven
882 P.2d 457 (Idaho Court of Appeals, 1994)
Miller v. Estate of Prater
108 P.3d 355 (Idaho Supreme Court, 2005)
State v. Estate of Elliott
108 P.3d 324 (Idaho Supreme Court, 2005)
Legislative History
[I.C., sec. 15-3-104, as added by 1971, ch. 111, sec. 1, p. 233.]
Nearby Sections
15
§ 15-1-101
SHORT TITLE§ 15-1-102
PURPOSES — RULE OF CONSTRUCTION§ 15-1-104
SEVERABILITY§ 15-1-105
CONSTRUCTION AGAINST IMPLIED REPEAL§ 15-1-106
EFFECT OF FRAUD AND EVASION§ 15-1-107
EVIDENCE AS TO DEATH OR STATUS§ 15-1-108
ACTS BY HOLDER OF GENERAL POWER§ 15-1-201
GENERAL DEFINITIONS§ 15-1-301
TERRITORIAL APPLICATION§ 15-1-303
VENUE — MULTIPLE PROCEEDINGS — TRANSFER§ 15-1-305
RECORDS AND CERTIFIED COPIES§ 15-1-305A
RECORDING PERMITTED — EFFECT§ 15-1-306
JURY TRIALCite This Page — Counsel Stack
Bluebook (online)
Idaho § 15-3-104, Counsel Stack Legal Research, https://law.counselstack.com/statute/id/15-3-104.