South Dakota Codified Laws 29A-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. 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 § 29A-3-1004 or from a former personal representative individually liable as provided in § 29A-3-1005. This section has no application to a proceeding by a secured creditor of the decedent to enforce a right to the security except as to any deficiency judgment which might be sought therein.
Terms Used In South Dakota Codified Laws 29A-3-104
- Decedent: A deceased person.
Source: SL 1994, ch 232, § 3-104.