Liens and mortgages, enforcement; sale of real estate; exception
Sec. 16. Unless an earlier date is authorized by the judge of the
court having jurisdiction of the decedent's estate no proceedings shall
be instituted before the end of three (3) months from the death of the
decedent to enforce the lien of any judgment rendered against the
decedent in his lifetime upon real estate or to enforce any decree
specifically directing the sale of such real estate to discharge any lien
or liability created or suffered by the decedent, nor shall any suit be
brought before that time against the heirs or devisees of the deceased
to foreclose any mortgage or other lien thereon; and in case of suit to
foreclose any mortgage or other lien thereon, the personal
representative shall be made a party defendant thereto; and if the
personal representative shall be diligently prosecuting his
proceedings to sell the real estate of the deceased for the purpose of
making assets to discharge such liens, further proceedings for the
sale thereof by the holders of liens thereon shall be stayed, upon the
application of the personal representative. This section does not
apply to cases where, before the end of the three (3) months, the real
estate shall have been sold by the personal representative subject to
liens thereon, nor to mortgages and judgments in favor of the state.
(Formerly: Acts 1953, c.112, s.1416; Acts 1975, P.L.288, SEC.25.)
As amended by P.L.252-2001, SEC.20.
Last modified: May 27, 2006