North Dakota Statutes
§ 30.1-12-04 — (3-104) Claims against decedent - Necessity of administration
No proceeding to enforce a claim against the estate of a decedent or the decedent's
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 chapters 30.1-12 through
30.1-23. After distribution, a creditor whose claim has not been barred may recover from the
distributees as provided in section 30.1-21-04 or from a former personal representative
individually liable as provided in section 30.1-21-05. This section has no application to a
proceeding by a secured creditor of the decedent to enforce the secured creditor's right to the
secured creditor's security except as to any deficiency judgment which mig
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Related
Matter of Estate of Stirling
537 N.W.2d 554 (North Dakota Supreme Court, 1995)
Nearby Sections
15
§ 30.1-01-01
(1-101) Short title§ 30.1-01-02
(1-102) Purposes - Rule of construction§ 30.1-01-03
(1-106) Effect of fraud and evasion§ 30.1-01-04
(1-107) Evidence of death or status§ 30.1-01-05
(1-108) Acts by holder of general power§ 30.1-01-06
(1-201) General definitions§ 30.1-02-01
(1-301) Territorial application§ 30.1-02-02
(1-302) Subject matter jurisdiction§ 30.1-02-03
(1-303) Venue - Multiple proceedings - Transfer§ 30.1-02-04
(1-304) Practice in court§ 30.1-02-05
(1-305) Records and certified copies§ 30.1-02-06
(1-307) Powers§ 30.1-02-06.1
(1-308) Appeals§ 30.1-02-07
(1-310) Oath or affirmation on filed documents§ 30.1-03-01
(1-401) Notice - Method and time of giving