59-2237.Exhibition of demands and hearing thereon;allowance withouthearing, when.(a) Any person may exhibit a demand against the estate of a decedent byfiling a petition for its allowance in the proper district court. Suchdemand shall be deemed duly exhibited from the date of the filing of thepetition. The petition shall contain a statement of all offsets whichthe estate is entitled. The person exhibiting the demand shall provide acopy of the demand, as filed, to the personal representative of theestate. The court shall from time to time as it deemsadvisable, and must at the request of the executor or administrator, or atthe request of any creditor having exhibited demand, fix the time andplace for the hearing of such demands. Notice of thetime and place of the demand hearing shall be given insuch manner and to such persons as the court shall direct.
(b) The verification ofany demand may be deemed prima facie evidence of its validity unless awritten defense thereto is filed. Upon the adjudication of any demand, thecourt shall enter its judgment allowing or disallowing it. Such judgmentshall show the date of adjudication, the amount allowed, the amountdisallowed and classification if allowed. Judgments relating to contingentdemands shall state the nature of the contingency.
(c) Any demand not exceeding $5,000, other than a demandby the executoror administrator, duly itemized and verified and which is timely filed,may be paid by the executor or administrator without compliance with anyof the provisions of this act relating to petition, notice of hearing,allowanceby the court or otherwise. If a written defense to the petition of the executoror administrator for a final settlement and accounting is timely filed byany interested party which takes issue with payment of the demand by theexecutor or administrator, at the hearing on the petition the burden of proofshallbe upon the executor or administrator to establish that the demand was dueand owing by the estate. If the demand, or any part thereof, is disallowedby the court, the accounting of the executor or administrator shall notbe allowed as to the disallowed demand, or part thereof.
59-2237.Exhibition of demands and hearing thereon;allowance withouthearing, when.(a) Any person may exhibit a demand against the estate of a decedent byfiling a petition for its allowance in the proper district court. Suchdemand shall be deemed duly exhibited from the date of the filing of thepetition. The petition shall contain a statement of all offsets whichthe estate is entitled. The person exhibiting the demand shall provide acopy of the demand, as filed, to the personal representative of theestate. The court shall from time to time as it deemsadvisable, and must at the request of the executor or administrator, or atthe request of any creditor having exhibited demand, fix the time andplace for the hearing of such demands. Notice of thetime and place of the demand hearing shall be given insuch manner and to such persons as the court shall direct.
(b) The verification ofany demand may be deemed prima facie evidence of its validity unless awritten defense thereto is filed. Upon the adjudication of any demand, thecourt shall enter its judgment allowing or disallowing it. Such judgmentshall show the date of adjudication, the amount allowed, the amountdisallowed and classification if allowed. Judgments relating to contingentdemands shall state the nature of the contingency.
(c) Any demand not exceeding $5,000, other than a demandby the executoror administrator, duly itemized and verified and which is timely filed,may be paid by the executor or administrator without compliance with anyof the provisions of this act relating to petition, notice of hearing,allowanceby the court or otherwise. If a written defense to the petition of the executoror administrator for a final settlement and accounting is timely filed byany interested party which takes issue with payment of the demand by theexecutor or administrator, at the hearing on the petition the burden of proofshallbe upon the executor or administrator to establish that the demand was dueand owing by the estate. If the demand, or any part thereof, is disallowedby the court, the accounting of the executor or administrator shall notbe allowed as to the disallowed demand, or part thereof.
59-2237.Exhibition of demands and hearing thereon;allowance withouthearing, when.(a) Any person may exhibit a demand against the estate of a decedent byfiling a petition for its allowance in the proper district court. Suchdemand shall be deemed duly exhibited from the date of the filing of thepetition. The petition shall contain a statement of all offsets whichthe estate is entitled. The person exhibiting the demand shall provide acopy of the demand, as filed, to the personal representative of theestate. The court shall from time to time as it deemsadvisable, and must at the request of the executor or administrator, or atthe request of any creditor having exhibited demand, fix the time andplace for the hearing of such demands. Notice of thetime and place of the demand hearing shall be given insuch manner and to such persons as the court shall direct.
(b) The verification ofany demand may be deemed prima facie evidence of its validity unless awritten defense thereto is filed. Upon the adjudication of any demand, thecourt shall enter its judgment allowing or disallowing it. Such judgmentshall show the date of adjudication, the amount allowed, the amountdisallowed and classification if allowed. Judgments relating to contingentdemands shall state the nature of the contingency.
(c) Any demand not exceeding $5,000, other than a demandby the executoror administrator, duly itemized and verified and which is timely filed,may be paid by the executor or administrator without compliance with anyof the provisions of this act relating to petition, notice of hearing,allowanceby the court or otherwise. If a written defense to the petition of the executoror administrator for a final settlement and accounting is timely filed byany interested party which takes issue with payment of the demand by theexecutor or administrator, at the hearing on the petition the burden of proofshallbe upon the executor or administrator to establish that the demand was dueand owing by the estate. If the demand, or any part thereof, is disallowedby the court, the accounting of the executor or administrator shall notbe allowed as to the disallowed demand, or part thereof.
