15-3-802. STATUTES OF LIMITATIONS. (a) Unless an estate is insolvent, the personal representative, with the consent of all successors whose interests would be affected, may waive any defense of limitations available to the estate. If the defense is not waived, no claim barred by a statute of limitations at the time of the decedent’s death may be allowed or paid.
(b) The running of a statute of limitations measured from an event other than death or the giving of notice to creditors is suspended during the four (4) months following the decedent’s death but resumes thereafter as to claims not barred pursuant to the sections which follow.
(c) For purposes of a statute of limitations, the proper presentation of a claim under section 15-3-804, Idaho Code, is equivalent to commencement of a proceeding on the claim.
History:
[I.C., sec. 15-3-802, as added by 1971, ch. 111, sec. 1, p. 233; am. 1978, ch. 350, sec. 12, p. 922; am. 1991, ch. 87, sec. 2, p. 192.]
Structure Idaho Code
Title 15 - UNIFORM PROBATE CODE
Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION
Section 15-3-801 - NOTICE TO CREDITORS.
Section 15-3-802 - STATUTES OF LIMITATIONS.
Section 15-3-803 - LIMITATIONS ON PRESENTATION OF CLAIMS.
Section 15-3-804 - MANNER OF PRESENTATION OF CLAIMS.
Section 15-3-805 - CLASSIFICATION OF CLAIMS.
Section 15-3-806 - ALLOWANCE OF CLAIMS.
Section 15-3-807 - PAYMENT OF CLAIMS.
Section 15-3-808 - INDIVIDUAL LIABILITY OF PERSONAL REPRESENTATIVE.
Section 15-3-809 - SECURED CLAIMS.
Section 15-3-810 - CLAIMS NOT DUE AND CONTINGENT OR UNLIQUIDATED CLAIMS.
Section 15-3-811 - COUNTERCLAIMS.
Section 15-3-812 - EXECUTION AND LEVIES PROHIBITED.
Section 15-3-813 - COMPROMISE OF CLAIMS.
Section 15-3-814 - ENCUMBERED ASSETS.
Section 15-3-815 - ADMINISTRATION IN MORE THAN ONE STATE — DUTY OF PERSONAL REPRESENTATIVE.
Section 15-3-816 - FINAL DISTRIBUTION TO DOMICILIARY REPRESENTATIVE.