§ 29-1-14-16 — Liens and mortgages, enforcement; sale of real estate; exception

Unless an earlier date is authorized by the
judge of the court having jurisdiction of the decedent's estate no
proceedings shall be instituted before the end of three (3) months from
the death of the decedent to enforce the lien of any judgment rendered
against the decedent in his lifetime upon real estate or to enforce any
decree specifically directing the sale of such real estate to discharge
any lien or liability created or suffered by the decedent, nor shall any
suit be brought before that time against the heirs or devisees of the
deceased to foreclose any mortgage or other lien thereon; and in case
of suit to foreclose any mortgage or other lien thereon, the personal
representative shall be made a party defendant thereto; and if the
personal representative shall be diligently prosecuting his proceedings
to sell the real estate of the deceased for the purpose of making assets
to discharge such liens, further proceedings for the sale thereof by the
holders of liens thereon shall be stayed, upon the application of the
personal representative. This section does not apply to cases where,
before the end of the three (3) months, the real estate shall have been
sold by the personal representative subject to liens thereon, nor to
mortgages and judgments in favor of the state.
Formerly: Acts 1953, c.112, s.1416; Acts 1975, P.L.288,
SEC.25. As amended by P.L.252-2001, SEC.20.