14-3801. Notice to creditors A. Unless notice has already been given under this section, at the time of appointment a personal representative shall publish a notice to creditors once a week for three successive weeks in a newspaper of general circulation in the county announcing the appointment and the personal representative’s address and notifying creditors […]
14-3802. Statute of limitations Unless an estate is insolvent the personal representative, with the consent of all successors whose interests would be affected, may waive any defense of limitations available to the estate. If the defense is not waived, no claim which was barred by any statute of limitations at the time of the decedent’s […]
14-3803. Limitations on presentation of claims A. All claims against a decedent’s estate that arose before the death of the decedent, including claims of the state and any of its political subdivisions, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort or other legal basis, if not barred […]
14-3804. Manner of presentation of claims Claims against a decedent’s estate may be presented as follows: 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. The claim is deemed presented on receipt of […]
14-3805. Priority of claims A. If the applicable assets of the estate are insufficient to pay all claims in full, the personal representative shall make payment in the following order: 1. Costs and expenses of administration. 2. Reasonable funeral expenses. 3. Debts and taxes with preference under federal law. 4. Reasonable and necessary medical and […]
14-3806. Allowance of claims A. As to claims presented in the manner described in section 14-3804 within the time limit prescribed in section 14-3803, the personal representative may mail a notice to any claimant stating that the claim has been disallowed. Every claim which is disallowed in whole or in part by the personal representative […]
14-3807. Payment of claims A. On the expiration of the earlier of the time limitations prescribed in section 14-3803 for the presentation of claims, the personal representative shall proceed to pay the claims allowed against the estate in the order of priority prescribed, after making provision for allowance in lieu of homestead, exempt property and […]
14-3808. Individual liability of personal representative A. Unless otherwise provided in the contract, a personal representative is not individually liable on a contract properly entered into in his fiduciary capacity in the course of administration of the estate unless he fails to reveal his representative capacity and identify the estate in the contract. B. A […]
14-3809. Secured claims Payment of a secured claim is upon the basis of the amount allowed if the creditor surrenders his security, otherwise payment is upon the basis of one of the following: 1. If the creditor exhausts his security before receiving payment, unless precluded by other law, upon the amount of the claim allowed […]
14-3810. Claims not due and contingent or unliquidated claims A. If a claim which will become due at a future time or a contingent or unliquidated claim becomes due or certain before the distribution of the estate, and if the claim has been allowed or established by a proceeding, it is paid in the same […]
14-3811. Counterclaims In allowing a claim the personal representative may deduct any counterclaim which the estate has against the claimant. In determining a claim against an estate a court shall reduce the amount allowed by the amount of any counterclaims and, if the counterclaims exceed the claim, render a judgment against the claimant in the […]
14-3812. Execution and levies prohibited No execution may issue upon nor may any levy be made against any property of the estate under any judgment against a decedent or a personal representative, but this section shall not be construed to prevent the enforcement of mortgages, pledges or liens upon real or personal property in an […]
14-3813. Compromise of claims When a claim against the estate has been presented in any manner, the personal representative may, if it appears for the best interest of the estate, compromise the claim, whether due or not due, absolute or contingent, liquidated or unliquidated.
14-3814. Encumbered assets If any assets of the estate are encumbered by mortgage, pledge, lien or other security interest, the personal representative may pay the encumbrance or any part thereof, renew or extend any obligation secured by the encumbrance or convey or transfer the assets to the creditor in satisfaction of his lien, in whole […]
14-3815. Administration in more than one state; duty of personal representative A. All assets of estates being administered in this state are subject to all claims, allowances and charges existing or established against the personal representative wherever appointed. B. If the estate either in this state or as a whole is insufficient to cover all […]
14-3816. Final distribution to domiciliary representative The estate of a nonresident decedent being administered by a personal representative appointed in this state shall, if there is a personal representative of the decedent’s domicile willing to receive it, be distributed to the domiciliary personal representative for the benefit of the successors of the decedent unless any […]
