Dianna Lynn Davenport v. Kindred…

Summary

The Court held that probate proceedings, including appointment of a personal representative, are special statutory proceedings, so the statutory rule making an appointment effective when the judge signs the order prevails over the conflicting civil-rule entry requirement. It further held that the one-year period for a personal representative to bring surviving claims begins on the date of appointment. Because the undisputed timeline showed that the action was filed more than one year after appointment, the Court affirmed summary judgment and dismissal.