1. If the person entitled to bring an action dies before the expiration of the time limited for the commencement thereof, and the cause of action survives, an action may be commenced by the person’s representatives, after the expiration of that time, and within 1 year from the person’s death.
2. If a person against whom an action may be brought dies before the expiration of the time limited for the commencement thereof, and the cause of action survives, an action may be commenced against the person’s executors or administrators after the expiration of that time, and within 1 year after the issuing of letters testamentary or of administration; provided:
(a) The final account of such executor or administrator in the estate of such decedent be not sooner filed, and that a claim therefor be presented as required by the law governing estates of deceased persons.
(b) That no real estate of a deceased person shall be liable for the debts of the deceased person other than recorded encumbrances, unless letters testamentary or of administration be granted within 3 years from the date of the death of such decedent, any law to the contrary notwithstanding.
[Part 1911 CPA § 35; A 1925, 17; NCL § 8534]
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