524.3-801 NOTICE TO CREDITORS. (a) Unless notice has already been given under this section, upon appointment of a general personal representative in informal proceedings or upon the filing of a petition for formal appointment of a general personal representative, notice thereof, in the form prescribed by court rule, shall be given under the direction of […]
524.3-802 STATUTES OF LIMITATIONS. Unless an estate is insolvent the personal representative, with the consent of all successors, 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 death shall be allowed or […]
524.3-803 LIMITATIONS ON PRESENTATION OF CLAIMS. (a) All claims as defined in section 524.1-201(8), against a decedent’s estate which arose before the death of the decedent, including claims of the state and any subdivision thereof, whether due or to become due, absolute or contingent, liquidated or unliquidated, if not barred earlier by other statute of […]
524.3-804 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, or may file a written statement of the […]
524.3-805 CLASSIFICATION 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, hospital, […]
524.3-806 ALLOWANCE OF CLAIMS. (a) As to claims presented in the manner described in section 524.3-804 within the time limit prescribed or permitted in section 524.3-803, 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 personal representative changes the […]
524.3-807 PAYMENT OF CLAIMS. (a) Upon the expiration of the earliest of the time limitations provided in section 524.3-803 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 family maintenance and statutory allowances, for claims already […]
524.3-808 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 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 the contract. […]
524.3-809 SECURED CLAIMS. Payment of a secured claim is upon the basis of the amount allowed if the creditor surrenders the security; otherwise payment is upon the basis of one of the following: (1) if the creditor exhausts the security before receiving payment, unless precluded by other law, upon the amount of the claim allowed […]
524.3-810 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 […]
524.3-811 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 […]
524.3-812 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 shall not be construed to prevent the enforcement of mortgages, pledges or liens upon real or personal property in an […]
524.3-813 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. History: 1975 c 347 s 58
524.3-814 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 the lien, in whole […]
524.3-815 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 […]
524.3-816 FINAL DISTRIBUTION TO DOMICILIARY REPRESENTATIVE. Real estate (excluding a vendor’s interest in a contract for conveyance) located in this state with regard to which the decedent died intestate and the proceeds of the sale, mortgage or lease of any such real estate available for distribution, shall pass according to the laws of this state. […]
524.3-817 JOINT CONTRACT CLAIMS. When two or more persons are indebted on any joint contract or upon a judgment on a joint contract, and one of them dies, the estate shall be liable therefor, and the amount thereof may be allowed the same as though the contract had been joint and several or the judgment […]
