75-3-1006 - Limitations on actions and proceedings against distributees.
75-3-1006. Limitations on actions and proceedings against distributees.
(1) Unless previously adjudicated in a formal testacy proceeding or in a proceedingsettling the accounts of a personal representative or otherwise barred, the claim of any claimant torecover from a distributee who is liable to pay the claim, and the right of any heir or devisee or ofa successor personal representative acting in their behalf, to recover property improperlydistributed or the value thereof from any distributee is barred at the later of:
(a) as to a claim by a creditor of the decedent, one year after the decedent's death; and
(b) as to any other claimant and any heir or devisee, at the later of:
(i) three years after the decedent's death; or
(ii) one year after the time of distribution thereof.
(2) This section does not bar an action to recover property or value received as the resultof fraud.
Amended by Chapter 179, 1992 General Session