14-3804. 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. The claim is deemed presented on receipt of the written statement of
claim by the personal representative. If a claim is not yet due, the date when it will
become due shall be stated. If the claim is contingent or unliquidated, the nature of
the uncertainty shall be stated. If the claim is secured, the security shall be
described. Failure to describe correctly the security, the nature of any uncertainty,
and the due date of a claim not yet due does not invalidate the presentation made.
2. The claimant may commence a proceeding against the personal representative in
any court where the personal representative may be subjected to jurisdiction, to obtain
payment of his claim against the estate, but the commencement of the proceeding must
occur within the time limited for presenting the claim. No presentation of claim is
required in regard to matters claimed in proceedings against the decedent which were
pending at the time of his death.
3. If a claim is presented under paragraph 1, no proceeding thereon may be
commenced more than sixty days after the personal representative has mailed a notice of
disallowance; but, in the case of a claim which is not presently due or which is
contingent or unliquidated, the personal representative may consent to an extension of
the sixty day period, or to avoid injustice the court, on petition, may order an
extension of the sixty day period, except no extension may run beyond the applicable
statute of limitations.
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