Title 53, Chapter 7, Section 45
( 53-7-45)
Personal representatives are authorized to compromise, adjust,
arbitrate, assign, sue or defend, abandon, or otherwise deal with or
settle debts or claims in favor of or against the estate. A
personal representative who declines to litigate any claim may
assign the claim to a creditor or an heir of an intestate estate or
a beneficiary of a testate estate for the purpose of prosecuting the
claim at that person's own expense and, after reimbursement of the
expenses to the creditor, heir, or beneficiary, any remaining
proceeds shall be paid over to the personal representative for
administration. |