North Dakota Code 30.1-12-04 – (3-104) Claims against decedent – Necessity of administration
No proceeding to enforce a claim against the estate of a decedent or the decedent’s successors may be revived or commenced before the appointment of a personal representative.
Terms Used In North Dakota Code 30.1-12-04
- Decedent: A deceased person.
After the appointment and until distribution, all proceedings and actions to enforce a claim against the estate are governed by the procedure prescribed by chapters 30.1-12 through 30.1-23. After distribution, a creditor whose claim has not been barred may recover from the distributees as provided in section 30.1-21-04 or from a former personal representative individually liable as provided in section 30.1-21-05. This section has no application to a proceeding by a secured creditor of the decedent to enforce the secured creditor’s right to the secured creditor’s security except as to any deficiency judgment which might be sought therein.