53-7-10. Allowable defenses; generally.

For purposes of this article, the term ‘‘personal representative’’ includes temporary administrators.#

When an action is brought against a personal representative in that person’s representative capacity, the personal representative may make the following defenses:#

1. (1)

   That person does not occupy the position of personal representative, as alleged;#

2. (2)

   That no assets have come into the hands of the personal representative;#

3. (3)

   That all assets coming into the hands of the personal representative have been fully administered;#

4. (4)

   That all assets coming into the hands of the personal representative have been fully administered except those necessary to satisfy debts of a greater priority;#

5. (5)

   That the personal representative has fully administered the assets that came into the personal representative’s hands; or#

6. (6)

   That, pending the action, the letters testamentary or of administration have been revoked and the administration committed to another to whom all the assets that came into the personal representative’s hands have been delivered.#