15-3-104. CLAIMS AGAINST DECEDENT — NECESSITY OF ADMINISTRATION. No proceeding to enforce a claim against the estate of a decedent or his 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 chapter. After distribution a creditor whose claim has not been barred may recover from the distributees as provided in section 15-3-1004 of this code or from a former personal representative individually liable as provided in section 15-3-1005 of this code. This section has no application to a proceeding by a secured creditor of the decedent to enforce his right to his security except as to any deficiency judgment which might be sought therein.
History:
[I.C., sec. 15-3-104, 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 15-3-101 - DEVOLUTION OF ESTATE AT DEATH — RESTRICTIONS.
Section 15-3-102 - NECESSITY OF ORDER OF PROBATE FOR WILL.
Section 15-3-103 - NECESSITY OF APPOINTMENT FOR ADMINISTRATION.
Section 15-3-104 - CLAIMS AGAINST DECEDENT — NECESSITY OF ADMINISTRATION.
Section 15-3-106 - CIVIL LITIGATION — NOTICE.
Section 15-3-107 - SCOPE OF PROCEEDINGS — PROCEEDINGS INDEPENDENT — EXCEPTION.
Section 15-3-108 - PROBATE — TESTACY AND APPOINTMENT PROCEEDINGS — ULTIMATE TIME LIMIT.
Section 15-3-109 - STATUTES OF LIMITATION ON DECEDENT’S CAUSE OF ACTION.
Section 15-3-111 - JOINT PROBATE ON DEATH OF SURVIVOR OF MARRIAGE DISSOLVED BY DEATH.