Section 813 – Compromise of claims.
75-3-813. 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. Enacted by Chapter 150, 1975 General Session
Section 814 – Encumbered assets.
75-3-814. 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 his lien, in whole […]
Section 815 – Administration in more than one state — Duty of personal representative.
75-3-815. Administration in more than one state — Duty of personal representative. (1) 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. (2) If the estate either in this state or as a whole is insufficient to cover […]
Section 816 – Final distribution to domiciliary representative.
75-3-816. Final distribution to domiciliary representative. (1) 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: […]
Section 809 – Secured claims.
75-3-809. Secured claims. Payment of a secured claim is upon the basis of the amount allowed if the creditor surrenders his security; but 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 […]
Section 810 – Claims not due and contingent or unliquidated claims.
75-3-810. Claims not due and contingent or unliquidated claims. (1) 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 […]
Section 811 – Counterclaims.
75-3-811. 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 […]
Section 812 – Execution and levies prohibited.
75-3-812. 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 […]
Section 801 – Notice to creditors.
75-3-801. Notice to creditors. (1) (a) A personal representative, upon appointment, may publish a notice to creditors announcing the personal representative’s appointment and address and notifying creditors of the estate to present their claims within three months after the date of the first publication of the notice or be forever barred. (b) The notice described […]
Section 802 – Statutes of limitations.
75-3-802. Statutes 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 […]