75-3-804. Manner of presentation of claims.
(1) Claims against a decedent's estate may be presented as follows:
(a) The claimant may deliver or mail to the personal representative, or the personal
representative's attorney of record, a written statement of the claim indicating its basis, the name
and address of the claimant, and the amount claimed, or may file a written statement of the claim,
in the form prescribed by rule, with the clerk of the court. The claim is deemed presented on
either the receipt of the written statement of claim by the personal representative or the personal
representative's attorney of record, or the filing of the claim with the court, whichever occurs first.
If a claim is not yet due, the date when it will become due shall be stated. If the claim is
contingent or unliquidated, the nature of the uncertainty shall be stated. If the claim is secured,
the security shall be described. Failure to describe correctly the security, the nature of any
uncertainty, and the due date of a claim not yet due does not invalidate the presentation made.
(b) The claimant may commence a proceeding against the personal representative in any
court where the personal representative may be subjected to jurisdiction to obtain payment of the
claim against the estate, but the commencement of the proceeding must occur within the time
limited for presenting the claim. No presentation of claim is required in regard to matters claimed
in proceedings against the decedent which were pending at the time of the decedent's death.
(2) If a claim is presented under Subsection (1)(a), no proceeding thereon may be
commenced more than 60 days after the personal representative has mailed a notice of
disallowance; but, in the case of a claim which is not presently due or which is contingent or
unliquidated, the personal representative may consent to an extension of the 60-day period, or to
avoid injustice the court, on petition, may order an extension of the 60-day period, but in no event
may the extension run beyond the applicable statute of limitations.
Amended by Chapter 110, 1988 General Session
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Last revised: Thursday, May 28, 2009