Commencement of proceedings; immunity of personal
representative
Sec. 7. (a) A proceeding under this chapter may not be
commenced unless the personal representative of the decedent's
estate has received a written demand for the proceeding from the
surviving spouse or a surviving child, to the extent that statutory
allowances are affected, or a creditor.
(b) If the personal representative declines or fails to commence a
proceeding after demand, a person making demand may commence
the proceeding in the name of the decedent's estate at the expense of
the person making the demand and not of the estate.
(c) A personal representative who declines in good faith to
commence a requested proceeding incurs no personal liability for
declining.
As added by P.L.165-2002, SEC.11.
Last modified: May 24, 2006