§560:3-803 - Limitations on presentation of claims.
§560:3-803 Limitations on
presentation of claims. (a) All claims against either a decedent or a
decedent's estate which 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, if not barred earlier by another statute of limitations
or non-claim statute, are barred against the estate, the personal
representative, the decedent's trustee and the heirs and devisees of the
decedent, unless presented within the earlier of the following:
(1) No later than:
(A) Four months after the date of the first
publication of notice to creditors if notice is given in compliance with
section 560:3-801(a); or
(B) Sixty days after the mailing or other
delivery of written notice, as provided in section 560:3-801(b); whichever
period (A) or (B) expires later; or
(2) Within eighteen months after the decedent's
death, if notice to creditors has not been published as provided in section
560:3-801(a) or delivered as provided in section 560:3-801(b).
(b) A claim described in subsection (a) which
is barred by the non-claim statute of the decedent's domicile before the giving
of notice to creditors in this State is barred in this State.
(c) All claims against a decedent's estate
which arise at or after 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, are barred against the estate, the personal representative, the
decedent's trustee, and the heirs and devisees of the decedent, unless
presented as follows:
(1) A claim based on a contract with the personal
representative or trustee, within four months after performance by the personal
representative or trustee is due; or
(2) Any other claim, within the later of four months
after it arises, or the time specified in subsection (a)(2).
(d) Nothing in this section affects or
prevents:
(1) Any proceeding to enforce any mortgage, pledge,
or other lien upon property of the estate;
(2) To the limits of the insurance protection only,
any proceeding to establish liability of the decedent or the personal
representative or the decedent's trustee for which the personal representative
or the trustee is protected by liability insurance; or
(3) Collection of compensation for services rendered
and reimbursement for expenses advanced by the personal representative or
trustee or by the attorney or accountant for the personal representative of the
estate or the decedent's trustee. [L 1996, c 288, pt of §1; am L 1997, c 244,
§10]