29A-3-804. Manner of presentation of claims.

348 words·~2 min read·/sd/title-29/chapter-29-3/29a-3-804

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Claims against a decedent's estate may be presented by either of the following methods:

(1)The claimant may deliver or mail to the personal representative a written statement of the claim indicating its basis, the name and address of the claimant, and the amount claimed, or may file a written statement of the claim, in the form prescribed by rule, with the clerk of the court and mail or deliver a copy thereof to the personal representative. The claim is deemed presented on the first to occur of receipt of the written statement of claim by the personal representative, or the filing of the claim with the clerk of court. If a claim is not yet due, the date when it will become due shall be stated. If the claim is contingent or unliquidated, the nature of the uncertainty shall be stated. If the claim is secured, the nature of the security shall be described. Failure to describe correctly the nature of the security or uncertainty, or the due date of a claim not yet due does not invalidate the presentation;

(2)The claimant may commence a proceeding against the personal representative in any court where the personal representative may be subject to jurisdiction, to obtain payment of the claim. The claim is deemed presented on the date the proceeding is commenced.

(b)No presentation of claim is required in regard to matters claimed in proceedings against the decedent which were pending at the time of death in any court.

(c)No proceeding to obtain payment of a claim presented under subsection (a)(1) may be commenced more than sixty days after the personal representative has mailed or delivered a notice of disallowance; but, in the case of a claim which is not presently due or which is contingent or unliquidated, the personal representative may consent to an extension of the sixty - day period, or to avoid injustice the court, on petition, may order an extension of the sixty - day period, but in no event may an extension be granted beyond the applicable statute of limitations.