Claim in Action Pending Against Decedent at Time of Death;

Effect of Insurance Coverage In Actions for Damages; Continuance of Pending Action.

(a)

(1)If an action is pending against the decedent at the time of his death, the plaintiff must in like manner file his claim with the Clerk of the Superior Court or present it to the personal representative for allowance or rejection, authenticated as required in other cases; and no recovery shall be had against the decedent's estate in the action unless proof is made of such filing or presentation, except as provided in subsections (a)(2) and (a)(3) of this Section.

(2)If the action which is pending is an action for damages and the decedent was insured therefor and the insurer has accepted the defense of the cause and an appearance has been made in such action on behalf of the decedent, no claim shall be required except for amounts in excess of or not covered by such insurance.

(3)

(A)If any action is pending against the decedent at the time of his death and a claim based on such action is not filed or presented within the time limited in the notice required by Section 2503 of this title or as extended by the provisions of Section 2507 of this Title, the Superior Court may thereafter allow filing of said claim on such terms as may be just and equitable, upon the filing of the claimant's verified petition and notice of hearing given in the manner provided in Section 3401 of this Title, if the Superior Court finds that the claim was not filed or presented previously because neither the claimant nor the claimant's attorney had actual knowledge of the decedent's death at least fifteen

(15)calendar days COL120106 CH. 25 PRESENTATION AND PAYMENT OF CLAIMS AGAINST THE ESTATE prior to the expiration of the time limited in the notice required by Section 2503 of this Title or as extended by the provisions of Section 2507 of this Title; but any property distributed pursuant to an order of the Superior Court or any payment properly made before notice of such petition shall not be subject to the claim. No relief shall be granted unless the petition is filed within a reasonable time after discovery of decedent's death and in any event within one

(1)year after the expiration if the time limited in the notice required by Section 2503 of this Title or as extended by the provisions of Section 2507 or this Title, and before petition for final distribution has been granted.

(B)If, at the time of filing the petition under subsection (a)(3)(A) of this Section, assets of the estate have been paid to general creditors or some thereof or have been distributed by decree of preliminary distribution to heirs, devisees or legatees (in either case after expiration of the prescribed period for claims), and it appears that the filing and later establishment of the claim, in the circumstances, would cause or tend to cause unequal treatment between heirs, devisees, legatees or creditors, then permission to file the claim shall be denied.

(b)Notwithstanding any other provisions of law, the Superior Court may permit an action such as described in subsection

(a)of this Section to be continued against the defendant in the name of AEstate of (name of decedent), Deceased@, upon petition of the plaintiff, pursuant to the same procedure, and upon the same terms and conditions, as are provided in Section 2523(a) of this Title for claims which were not the subject of a pending action at the decedent's death. The procedure of this subsection is cumulative and does not supersede the procedure provided in Section 385 of the Code of Civil Procedure.