72-6-122. Rights of creditors and others. (1) If other assets of the estate are insufficient, a transfer resulting from a beneficiary deed, as provided for in 72-6-121, is not effective against the estate and statutory allowances to the surviving spouse and children.
     (2) A surviving party who receives title to real property pursuant to a beneficiary deed is liable to account to the personal representative of the decedent for the value of the property to the extent necessary to discharge the claims and allowances described in subsection (1) remaining unpaid after application of the decedent's estate. A proceeding to assert the liability may not be commenced unless the personal representative has received a written demand by the surviving spouse, a creditor, a child, or a person acting for a child of the decedent. The proceeding must be commenced within 1 year after death of the decedent.
     (3) A surviving party against whom a proceeding to account is brought may join as a party to the proceeding any other person claiming an interest in the real property.
     (4) Sums recovered by the personal representative must be administered as part of the decedent's estate.

     History: En. Sec. 2, Ch. 258, L. 2007.