A proceeding under this chapter must be commenced not later than nine (9) months after the person's death, but a proceeding on behalf of a creditor whose claim was timely filed may be commenced within:

1. (1) sixty (60) days after final allowance of the claim; or
2. (2) ninety (90) days after demand is made under section 7 of this chapter if the personal representative declines or fails to commence a proceeding after receiving the demand.

As added by P.L.165-2002, SEC.11. Amended by P.L.6-2010, SEC.24.