§ 33-11-5 - Time allowed for presenting claims – Late claims – Appeal.
SECTION 33-11-5
§ 33-11-5 Time allowed for presentingclaims – Late claims – Appeal. – (a) Claims shall be presented within six (6) months from the first publicationor be forever barred, subject to extensions granted pursuant to subsection33-11-5(b).
(b) A creditor who, by reason of accident, mistake, excusableneglect or lack of adequate notice of decedent's estate, failed to present aclaim within six (6) months from the first publication, may before distributionof the estate, petition the probate court for leave to present a claim out oftime. For purposes of this section, notice of commencement of probate pursuantto § 33-11-5.1 at least sixty (60) days before the expiration of the six(6) months claim period shall be deemed adequate. Upon hearing after notice tothe decedent's personal representative, heirs and beneficiaries (if any), theprobate court may in its discretion, grant leave to present the claim out oftime upon such terms as the court prescribes. Any claim presented out of time,if allowed, shall be paid out of the assets remaining in the personalrepresentative's hands when notice of the petition was received.
(c) There shall be no de novo appeal to the superior courtfrom an order or decree of the probate court granting leave to present a claimout of time.