Setting Aside Estates Under One Hundred Twelve Thousand Five Hundred Dollars

($112,500): Personal Liability for Unsecured Debts of Decedent; Duration. A surviving spouse or a minor child or children in whom title has vested pursuant to the provisions of § 3119 of this Title shall be personally liable for the unsecured debts of the decedent. The personal liability shall not exceed the value of the estate at the date of the decedent’s death, less the amount of any liens and encumbrances and any homestead and other property set apart pursuant to the provisions of §§ 2401 or § 2409 of this Title. Such personal liability shall cease one

(1)year after title to the estate vests, except with respect to any actions or proceedings then pending in court. In any action based upon such an unsecured debt, the surviving spouse, or the minor child or children, or the guardian of such minor child or children, may assert any defenses, counterclaims or set offs which would have been available to the decedent if the decedent had not died.