§ 1201. Notice to creditors (a) The Probate Division of the Superior Court may issue an order excusing the executor or administrator from complying with the notice to creditors provisions of the Rules of Probate Procedure when it appears to the court that: (1) there are no debts existing against the decedent; or (2) that […]
§ 1202. Statutes of limitations Unless an estate is insolvent, the executor or administrator, with the consent of all heirs, devisees, and legatees, 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 […]
§ 1203. 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 subdivision thereof, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort, or other legal basis, except claims for the […]
§ 1204. Manner of presentation of claims Claims against a decedent’s estate may be presented as follows: (1) The claimant shall deliver to the executor or administrator a written statement of the claim indicating its basis, the name and address of the claimant, and the amount claimed, and shall file a copy of the claim […]
§ 1205. Classification of claims (a) If the applicable assets of the estate are insufficient to pay all claims in full, the executor or administrator shall make payment in the following order: (1) costs and expenses of administration; (2) reasonable funeral, burial, and headstone expenses, and perpetual care, not to exceed $3,800.00 exclusive of governmental […]
§ 1206. Allowance of claims (a) As to claims presented in the manner described in section 1204 of this title within the time limit prescribed in section 1203 of this title, the executor or administrator shall, if a claim is disallowed, mail a notice to any claimant stating that the claim has been disallowed. If, […]
§ 1207. Payment of claims (a) Upon the expiration of four months from the date of the first publication of the notice to creditors, the executor or administrator shall proceed to pay the claims allowed against the estate in the order of priority prescribed, after making provision for homestead, family, and support allowances, for claims […]
§ 1208. Individual liability of executor or administrator (a) Unless otherwise provided in the contract, an executor or administrator is not individually liable on a contract properly entered into in his or her fiduciary capacity in the course of administration of the estate unless he or she fails to reveal his or her representative capacity […]
§ 1209. Secured claims Payment of a secured claim is upon the basis of the amount allowed if the creditor surrenders his or her security; otherwise payment is upon the basis of one of the following: (1) if the creditor exhausts his or her security before receiving payment, unless precluded by other law upon the […]
§ 1210. Claims not due and contingent or unliquidated claims (a) 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, it is paid in the […]
§ 1211. Counterclaims In allowing a claim, the executor or administrator 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 […]
§ 1212. 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 an executor or administrator, but this section shall not be construed to prevent the enforcement of mortgages, pledges, or liens upon real or personal property […]
§ 1213. Compromise of claims When a claim against the estate has been presented in any manner, the executor or administrator may, if it appears for the best interests of the estate, compromise the claim, whether due or not due, absolute or contingent, liquidated or unliquidated. (Added 1975, No. 240 (Adj. Sess.), § 7.)
§ 1214. Encumbered assets If any assets of the estate are encumbered by mortgage, pledge, lien, or other security interest, the executor or administrator may, except as otherwise provided by will, pay the encumbrance or any part thereof, renew or extend any obligation secured by the encumbrance, or convey or transfer the assets to the […]
§ 1215. Administration in more than one state; duty of executor or administrator (a) All assets of estates being administered in this State are subject to all claims, allowances, and charges existing or established against the executor or administrator wherever appointed. (b) If the estate either in this State or as a whole is insufficient […]
§ 1216. Final distribution to domiciliary representative The estate of a nonresident decedent being administered by an executor or administrator appointed in this State shall, if there is an executor or administrator of the decedent’s domicile willing to receive it, be distributed to the domiciliary executor or administrator for the benefit of the successors of […]
