§3-104. Claims against decedent; necessity of administration
A proceeding to enforce a claim against the estate of a decedent or the decedent's successors may not 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 section 3‑1004 or from a former personal representative individually liable as provided in section 3‑1005. This section has no application to a proceeding by a secured creditor of the decedent to enforce the creditor's right to the security except as to any deficiency judgment that might be sought. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
Structure Maine Revised Statutes
Article 3: PROBATE OF WILLS AND ADMINISTRATION
18-C §3-101. Devolution of estate at death; restrictions
18-C §3-102. Necessity of order of probate for will
18-C §3-103. Necessity of appointment for administration
18-C §3-104. Claims against decedent; necessity of administration
18-C §3-105. Proceedings affecting devolution and administration; jurisdiction of subject matter
18-C §3-106. Proceedings within the jurisdiction of court; service; jurisdiction over persons
18-C §3-107. Scope of proceedings; proceedings independent; exception
18-C §3-108. Probate, testacy and appointment proceedings; ultimate time limit
18-C §3-109. Statutes of limitation on decedent's cause of action