§ 524.3-1006 — Limitations on Actions and Proceedings Against Distributees
Plain-Language Summary
This section sets a deadline for going after property that has already been distributed from an estate. Unless the matter was already settled in a formal proceeding, a creditor seeking payment from a distributee who is liable, or an heir, devisee, or successor personal representative seeking to recover property that was improperly distributed (or its value), must act by the later of three years after the decedent's death or one year after the property was distributed. After that point the claim is permanently barred, except that this time limit does not protect property obtained through fraud.
524.3-1006 LIMITATIONS ON ACTIONS AND PROCEEDINGS AGAINST DISTRIBUTEES.
Unless previously adjudicated in a formal testacy proceeding or in a proceeding settling the accounts of a personal representative or otherwise barred, the claim of any claimant to recover from a distributee who is liable to pay the claim, and the right of any heir or devisee, or of a successor personal representative acting in their behalf, to recover property improperly distributed or the value thereof from any distributee is forever barred at the later of (1) three years after the decedent’s death; or (2) one year after the time of distribution thereof. This section does not bar an action to recover property or value received as the result of fraud.
History:
1974 c 442 art 3 s 524.3-1006
History: History: 1974 c 442 art 3 s 524.3-1006