§ 14-3809 – Secured claims
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
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
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 […]
§ 14-3801 – Notice to creditors
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
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
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 […]