Title 53, Chapter 7, Section 41
( 53-7-41)
The personal representative shall be allowed six months from the
date of the qualification of the first personal representative to
serve in which to ascertain the condition of the estate. Every
personal representative shall, within 60 days from the date of
qualification, publish a notice directed generally to all of the
creditors of the estate to render an account of their demands. The
notice shall be published once a week for four weeks in the official
newspaper of the county in which the personal representative
qualified. Creditors who fail to give notice of claims within three
months from the date of publication of the personal representative's
last notice shall lose all rights to an equal participation with
creditors of equal priority to whom distribution is made before
notice of such claims is brought to the personal representative, and
they may not hold the personal representative liable for a
misappropriation of the funds. If, however, there are assets in the
hands of the personal representative sufficient to pay such debts
and if no claims of greater priority are unpaid, the assets shall be
thus appropriated notwithstanding failure to give notice. |