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§ 12-2.1 Action  not impaired by failure of creditor or other person  to

present claim to representative as prescribed by law

The failure of the plaintiff to present his claim to the personal representative as prescribed by law shall not impair his right to maintain an action against distributees or testamentary beneficiaries under this article; but nothing contained herein shall extend the time limited for the commencement of an action to enforce plaintiff's claim.