§ 11.270 — Action to recover estate sold by executor or administrator

No action for the recovery of any estate sold by an executor or administrator in the course of any probate proceeding can be maintained by any heir or other person claiming under the decedent, unless it be commenced within 3 years next after the sale. An action to set aside the sale may be instituted and maintained at any time within 3 years from the discovery of the fraud or other lawful grounds upon which the action is based.

Legislative History

[1911 CPA § 22; RL § 4964; NCL § 8521]