§ 28A-19-1. Manner of presentation of claims.
Article19.
Claims against theEstate.
§ 28A‑19‑1. Manner of presentation of claims.
(a) A claim against adecedent's estate must be in writing and state the amount or item claimed, orother relief sought, the basis for the claim, and the name and address of theclaimant; and must be presented by one of the following methods:
(1) By delivery inperson or by mail to the personal representative, collector or clerk ofsuperior court. Such claim will be deemed to have been presented from the timeof such delivery.
(2) By mailing,registered or certified mail, return receipt requested, to the personalrepresentative or collector at the address set out in the general notice tocreditors. Such claim will be deemed to have been presented from the time whenthe return receipt is signed by the personal representative, collector, or hisagent, or is refused by the personal representative, collector, or his agent.
(3) By delivery to theclerk of court of the county in which the estate is pending, which noticeshall be filed in the appropriate estate file and copy mailed first class bythe clerk of superior court at the expense of the claimant to the personalrepresentative, collector, or his agent. The claim will be deemed to have beenpresented from the time of delivery to the clerk of court.
(b) In an actioncommenced after the death of the decedent against his personal representativeor collector as such, the commencement of the action in the court in which suchpersonal representative or collector qualified will constitute the presentationof a claim and no further presentation is necessary. In an action filed in anyother court such claim will be deemed to have been presented at the time of thecompletion of service of process on such personal representative or collector.
(c) In an actionpending against the decedent at the time of his death, which action survives atlaw, the substitution of the personal representative or collector for thedecedent or motion therefor will constitute the presentation of a claim and nofurther presentation is necessary. Such claim will be deemed to have beenpresented from the time of the substitution, or motion therefor. (1973,c. 1329, s. 3; 1977, c. 446, s. 1; 1985, c. 645, s. 1.)