[ Text of section effective until July 1, 2011. Repealed by 2008, 521, Sec. 16. See 2008, 521, Sec. 44.]
Section 5. If it appears, upon the settlement of the account of an executor or administrator in the probate court, that the whole estate and effects which have come to his hands have been exhausted in paying the charges of administration and debts or claims entitled by law to a preference over the common creditors of the deceased, such settlement shall be a bar to an action brought against him by a creditor who is not entitled to such preference, although the estate has not been represented insolvent.