Section 43-46-1 – Joint owners’ liability for debts and obligations of deceased joint owner.
43-46-1. Joint owners’ liability for debts and obligations of deceased joint owner. Upon the death of either, or any, of the joint owners of real or personal property in joint tenancy, with right of survivorship, the surviving joint owner or owners shall be liable for the debts and obligations of the deceased joint owner, or […]
Section 43-46-2 – Right of action of creditor or representative of deceased joint owner.
43-46-2. Right of action of creditor or representative of deceased joint owner. Unless a settlement is made with the surviving joint owner or owners, a creditor or personal representative of the deceased joint owner may institute an action in any court of competent jurisdiction, within six months after the death of the deceased joint owner, […]
Section 43-46-3 – Proof of insufficient other property of deceased joint owner to pay debts.
43-46-3. Proof of insufficient other property of deceased joint owner to pay debts. In any action instituted by a creditor or personal representative of such deceased joint owner, as specified in §43-46-2, the person instituting such action shall allege and prove that there is not sufficient other property standing in the name of the deceased […]
Section 43-46-4 – Limitation on amount of liability of surviving joint owner.
43-46-4. Limitation on amount of liability of surviving joint owner. The surviving joint owner shall be liable to the creditors or personal representative of the deceased joint owner for the lawful debts and obligations of the deceased joint owner only to an amount equal to the value of the amount contributed to the jointly owned […]
Section 43-46-5 – Joinder of surviving joint owners in action–Right of contribution.
43-46-5. Joinder of surviving joint owners in action–Right of contribution. In any case where a deceased joint owner had more than one joint tenancy at the time of his death, all of the surviving joint owners therein shall be jointly and severally liable to the creditors or personal representative of the deceased joint owner as […]