18-C §3-902. Distribution; order in which assets appropriated; abatement
§3-902. Distribution; order in which assets appropriated; abatement 1. Order in which assets appropriated; abatement. Except as provided in subsection 2 and except as provided in connection with the share of the surviving spouse who elects to take an elective share, shares of distributees abate, without any preference or priority as between real and personal […]
18-C §3-805. Classification of claims
§3-805. Classification of claims 1. Priority of claims. 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: A. Costs and expenses of administration; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, […]
18-C §3-806. Allowance of claims
§3-806. Allowance of claims 1. Allowance or disallowance by personal representative. As to claims presented in the manner described in section 3‑804 within the time limit prescribed in section 3‑803, the personal representative may mail a notice to any claimant stating that the claim has been disallowed. If, after allowing or disallowing a claim, the […]
18-C §3-807. Payment of claims
§3-807. Payment of claims 1. Payment upon expiration of limitations period. Upon the expiration of the earlier of the time limitations provided in section 3-803 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 homestead, family […]
18-C §3-808. Individual liability of personal representative
§3-808. Individual liability of personal representative 1. Contractual liability. Unless otherwise provided in the contract, a personal representative is not individually liable on a contract properly entered into in a fiduciary capacity in the course of administration of the estate unless the personal representative fails to reveal the representative capacity and identify the estate in […]
18-C §3-809. Secured claims
§3-809. Secured claims Payment of a secured claim is upon the basis of the amount allowed if the creditor surrenders the creditor’s security; otherwise payment is upon the basis of one of the following: [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 1. Security exhausted. If […]
18-C §3-810. Claims not due and contingent or unliquidated claims
§3-810. Claims not due and contingent or unliquidated claims 1. Claim due or certain before distribution. If a claim that 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, […]
18-C §3-811. Counterclaims
§3-811. Counterclaims In allowing a claim the personal representative may deduct any counterclaim that 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 […]
18-C §3-812. Execution and levies prohibited
§3-812. 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 may not be construed to prevent the enforcement of mortgages, pledges or liens upon real or personal property in an […]
18-C §3-813. Compromise of claims
§3-813. 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. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, […]