Title 53, Chapter 7, Section 10
( 53-7-10)
(a) For purposes of this article, the term "personal representative"
includes temporary administrators. (b) When an action is brought against a personal representative in
that person's representative capacity, the personal representative
may make the following defenses: (1) That person does not occupy the position of personal
representative, as alleged; (2) That no assets have come into the hands of the personal
representative; (3) That all assets coming into the hands of the personal
representative have been fully administered; (4) That all assets coming into the hands of the personal
representative have been fully administered except those necessary
to satisfy debts of a greater priority; (5) That the personal representative has fully administered the
assets that came into the personal representative's hands; or (6) That, pending the action, the letters testamentary or of
administration have been revoked and the administration committed
to another to whom all the assets that came into the personal
representative's hands have been delivered. |