14-3806
|
14-3806. Allowance of claims A. As to claims presented in the manner described in section 14-3804 within the time limit prescribed in section 14-3803, the personal representative may mail a notice to any claimant stating that the claim has been disallowed. Every claim which is disallowed in whole or in part by the personal representative is barred so far as not allowed unless the claimant files a petition for allowance in the court or commences a proceeding against the personal representative not later than sixty days after the mailing of the notice of disallowance or partial allowance. Failure of the personal representative to mail notice to a claimant of action on his claim for sixty days after the time for original presentation of the claim has expired has the effect of a notice of allowance. The personal representative of the estate of a deceased spouse may classify a claim as a community claim payable out of community property, or as a separate claim payable out of separate property and the balance of the decedent's half of community property. Either classification constitutes a disallowance in part; failure to give notice of the classification to the claimant as provided in this subsection, or failure to classify an allowed claim, has the effect of allowing the claim as payable out of either separate or community property, whichever is more beneficial to the claimant. B. The personal representative may at any time prior to payment, but not later than six months after presentation of the claim, rescind the allowance of a claim and notify the claimant of the change to a disallowance in whole or in part. The disallowed claim is then subject to bar as provided in subsection A. After allowance of a claim by a court order or judgment, or entry of an order directing payment of an allowed claim, the allowance may not be rescinded by the personal representative. After disallowing a claim, the personal representative may change the disallowance to an allowance prior to expiration of the time within which the claimant may file a petition for allowance or commence a proceeding on the claim under subsection A. After a disallowed claim is barred, it may be allowed and paid only if the estate is solvent and all successors whose interests would be affected consent. C. Upon the petition of the personal representative or of a claimant in a proceeding for the purpose, the court may allow in whole or in part any claim or claims presented to the personal representative in due time and not barred by subsection A of this section. Notice in this proceeding shall be given to the claimant, the personal representative and those other persons interested in the estate as the court may direct by order entered at the time the proceeding is commenced. D. A judgment in a proceeding in another court against a personal representative to enforce a claim against a decedent's estate is an allowance of the claim. E. Unless otherwise provided in any judgment in another court entered against the personal representative, allowed claims bear interest at the legal rate for the period commencing sixty days after the time for original presentation of the claim has expired unless based on a contract making a provision for interest, in which case they bear interest in accordance with that provision. |