South Dakota § 29A-3-104 Claims against decedent--Necessity of administration.

South Dakota Statutes

§ 29A-3-104 — Claims against decedent--Necessity of administration.

South Dakota·Title 29A UNIFORM PROBATE CODE·Ch. 29A-2 PROBATE OF WILLS AND 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 this article. After distribution a creditor whose claim has not been barred may recover from the distributees as provided in § 29A-3-1004 or from a former personal representative individually liable as provided in § 29A-3-1005 . This section has no application to a proceeding by a secured creditor of the decedent to enforce a right to the security except as to any deficiency judgment which might be sought therein.

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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 this article. After distribution a creditor whose claim has not been barred may recover from the distributees as provided in § 29A-3-1004 or from a former personal representative individually liable as provided in § 29A-3-1005 . This section has no application to a proceeding by a secured creditor of the decedent to enforce a right to the security except as to any deficiency judgment which might be sought therein.

South Dakota § 29A-3-104 (Claims against decedent--Necessity of administration.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.