PART 8. 
CREDITORS' CLAIMS



 



§560:3-801  Notice to creditors.  (a) 
Unless notice has already been given under this section, a person applying or
petitioning for appointment of a personal representative or probate of a will
or declaration of an intestacy may publish a notice to creditors once a week
for three successive weeks in a newspaper of general circulation in the
judicial circuit in which the application or petition is filed announcing the
person's application or petition and the name and address of the person
nominated as personal representative, if any, and notifying creditors of the
estate to present their claims no later than four months after the date of the
first publication of the notice or be forever barred.  The notice may be
combined with any published notice of the pendency of the probate proceedings.



(b)  After appointment the personal
representative may give written notice by mail or other delivery to each known
creditor, notifying the creditor to present that creditor's claim within four
months after the published notice, if given as provided in subsection (a), or
within sixty days after the mailing or other delivery of the notice, whichever
is later, or be forever barred. Written notice must be the notice described in
subsection (a) above or a similar notice.



(c)  The personal representative shall
undertake reasonable review of the decedent's records to ascertain the
decedent's creditors.



(d)  The personal representative is not liable
to a creditor or to a successor of the decedent for giving or failing to give
notice under this section.



(e)  If a person other than the original
nominee is appointed personal representative, the original nominee or any other
person receiving claims shall promptly deliver all claims to the person who is
appointed.  Failure to deliver by the original nominee shall render the
original nominee liable for any damages suffered by the claimants.



(f)  The trustee or successor trustee of any
trust created by the decedent may publish a notice to creditors once a week for
three successive weeks in a newspaper of general circulation in the judicial
circuit in which either:



(1)  The decedent was domiciled; or



(2)  An application or petition for appointment of
personal representative is filed announcing the trustee's name and address, and
notifying creditors of the decedent to present their claims to the trustee
within four months after the date of the first publication of the notice or be
forever barred.



The notice may be combined with the published notice
of the pendency of any probate or appointment proceedings. [L 1996, c 288, pt
of §1]