§560:3-804  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, or may file a written
statement of the claim, in the form prescribed by rule, with the clerk of the
court.  The claim is deemed presented on the first to occur of receipt of the
written statement of claim by the personal representative, or the filing of the
claim with the court.  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 the claimant's 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 the decedent's 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, but in no event shall the extension run beyond the applicable
statute of limitations. [L 1996, c 288, pt of §1]



 



Rules of Court



 



  Presenting claims, see HPR rule 63.