§ 58-598 — Rights of creditors not included in order.

When the accounts of the personal representative have been settled, and an order made for the payment of debts, no creditor whose claim was not included in the order for payment has any right to call upon any creditor who has been paid, or upon the heirs, devisees, or legatees, to contribute to the payment of his claim; but if the personal representative has failed to give the notice to creditors as required in Section 331 of this title, such creditor may recover on the bond of the personal representative the amount of his claim, or such part thereof as he would have been entitled to had it been allowed. This section shall not apply to any creditor whose claim was not due as of the presentment date specified in the notice to creditors.

Legislative History

Amended by Laws 1988, c. 228, § 16, emerg. eff. June 22, 1988.