15-3-1005. LIMITATIONS ON PROCEEDINGS AGAINST PERSONAL REPRESENTATIVE. Unless previously barred by adjudication and except as provided in the closing statement, the rights of successors and of creditors whose claims have not otherwise been barred against the personal representative for breach of fiduciary duty are barred unless a proceeding to assert the same is commenced within six (6) months after the filing of the closing statement. The rights thus barred do not include rights to recover from a personal representative for fraud, misrepresentation, or inadequate disclosure related to the settlement of the decedent’s estate.
History:
[I.C., sec. 15-3-1005, as added by 1971, ch. 111, sec. 1, p. 233.]
Structure Idaho Code
Title 15 - UNIFORM PROBATE CODE
Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION
Section 15-3-1003 - CLOSING ESTATES — BY SWORN STATEMENT OF PERSONAL REPRESENTATIVE.
Section 15-3-1004 - LIABILITY OF DISTRIBUTEES TO CLAIMANTS.
Section 15-3-1005 - LIMITATIONS ON PROCEEDINGS AGAINST PERSONAL REPRESENTATIVE.
Section 15-3-1006 - LIMITATIONS ON ACTIONS AND PROCEEDINGS AGAINST DISTRIBUTEES.
Section 15-3-1007 - CERTIFICATE DISCHARGING LIENS SECURING FIDUCIARY PERFORMANCE.
Section 15-3-1008 - SUBSEQUENT ADMINISTRATION.
Section 15-3-1009 - DECREE OF DISTRIBUTION TO ATTORNEY GENERAL.