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§ 1401. Executor or administrator may sue and defend

§ 1401. Executor or administrator may sue and defend An executor or administrator may commence, prosecute, or defend, in the right of the deceased, actions that survive to the executor or administrator and are necessary for the recovery and protection of the property or rights of the deceased and may prosecute or defend the actions […]

§ 1402. Sum recovered paid to person entitled thereto

§ 1402. Sum recovered paid to person entitled thereto When an executor or administrator commences or prosecutes an action founded on a debt, demand, or claim for damages, and is only a trustee of the claim for the use of another person, and where the claim, although prosecuted in the name of the executor or […]

§ 1410. Representative may compromise claims of the estate

§ 1410. Representative may compromise claims of the estate With the approval of the Probate Division of the Superior Court, an executor or administrator may compromise with a debtor of the deceased for a debt due and may give a discharge of the debt on receiving payment of the compromised amount. (Amended 2009, No. 154 […]

§ 1411. Disputed claim may be referred

§ 1411. Disputed claim may be referred When there is a disputed claim between an executor or administrator on behalf of the estate and another person, it may be referred to a master as provided by the Rules of Probate Procedure. The award, made in writing and returned to and accepted by the court, shall […]

§ 1412. Claim between executor and estate

§ 1412. Claim between executor and estate When a claim exists between an executor or administrator and the estate, a special administrator may be appointed solely for the purpose of acting upon that claim. (Amended 1985, No. 144 (Adj. Sess.), § 65.)

§ 1413. Debt as personalty; representative may foreclose mortgage

§ 1413. Debt as personalty; representative may foreclose mortgage A debt secured by mortgage belonging to the estate of a deceased person as mortgagee or assignee of the right of a mortgagee, when the mortgage was not foreclosed in the lifetime of the deceased, shall be personal assets in the hands of the executor or […]

§ 1417. Prosecution of action

§ 1417. Prosecution of action A person having a contingent or other claim against a deceased person may prosecute the claim against the executor, administrator, heirs, devisees, or legatees. An action commenced against the deceased before death may be prosecuted to final judgment. A claimant having a lien on the real or personal estate of […]