§ 1455. Heir may not sue until share assigned
When an executor or administrator is appointed and assumes the trust, an action of ejectment or other action to recover the seisin or possession of lands, or for damage done to such lands, shall not be maintained by an heir or devisee until there is a decree of the probate court assigning such lands to such heir or devisee, or the time allowed for paying debts has expired, unless the executor or administrator surrenders the possession to such heir or devisee.