Filing or Presenting as Prerequisite to Action; Effect of

Mortgage or Lien. COL120106 CH. 25 PRESENTATION AND PAYMENT OF CLAIMS AGAINST THE ESTATE No holder of a claim against an estate shall maintain an action thereon, unless the claim is first filed with the Clerk of the Superior Court or presented to the personal representative, except in the following case: an action may be brought by the holder of a mortgage or lien to enforce the same against the property of the estate subject thereto, where all recourse against any other property of the estate is expressly waived in the complaint; but no attorney's fees shall be recovered in such action unless the claim was filed or presented as aforesaid.