§ 33-11-16 - Probate court determination of disallowed claims against solvent estate.
SECTION 33-11-16
§ 33-11-16 Probate court determination ofdisallowed claims against solvent estate. – If the estate is solvent, the personal representative, claimant or aninterested party may request that the probate court determine the disallowedclaim by petition filed within twenty (20) days of the disallowance. If no suchrequest is timely made or if the probate court in its sole discretion findsthat pleading, discovery and trial of the issues presented would be moreefficiently presented in the district or superior court depending upon theamount in controversy, the disallowance shall be affirmed by order of theprobate court and the claimant shall bring civil action on the disallowed claimpursuant to § 33-11-48 within thirty (30) days of the entry thereof orsaid claim shall be forever barred.