§ 11.76.170. Action on claim not acted on -- Contribution
If, after the accounts of the personal representative have been settled and the property distributed, it shall appear that there is a creditor or creditors whose claim or claims have been duly filed and not paid or disallowed, the said claim or claims shall not be a lien upon any of the property distributed, but the said creditor or creditors shall have a cause of action against the personal representative and his bond, for such an amount as such creditor or creditors would have been entitled to receive had the said claim been duly allowed and paid, and shall also have a cause of action against the distributees and creditors for a contribution from them in proportion to the amount which they have received. If the personal representative or his sureties be required to make any payment in this section provided for, he or they shall have a right of action against said distributees and creditors to compel them to contribute their just share.
[1965 c 145 § 11.76.170. Prior: 1917 c 156 § 177; RRS § 1547; prior: Code 1881 § 1569; 1860 p 214 § 271; 1854 p 299 § 191.]
Sections: Previous 11.76.095 11.76.100 11.76.110 11.76.120 11.76.130 11.76.150 11.76.160 11.76.170 11.76.180 11.76.190 11.76.200 11.76.210 11.76.220 11.76.230 11.76.240 NextLast modified: April 7, 2009