TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

CHAPTER 3. UPC -- PROBATE AND ADMINISTRATION

Part 1. General Provisions

Statutes Of Limitation On Decedent's Cause Of Action -- Applicability

72-3-123. Statutes of limitation on decedent's cause of action -- applicability. A statute of limitation running on a cause of action belonging to a decedent, which had not been barred as of the date of the decedent's death, may not apply to bar a cause of action surviving the decedent's death sooner than 4 months after death. A cause of action that, but for this section, would have been barred less than 4 months after death is barred after 4 months unless tolled.

History: En. 91A-3-109 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-109; amd. Sec. 2317, Ch. 56, L. 2009.