§ 28-50-103 — Form and verification of claims

(a) No claim shall be allowed against an estate on application of the claimant unless it shall be in writing, describe the nature and the amount of the claim, if ascertainable, and be accompanied by the affidavit of the claimant or someone for him or her that the amount is justly due or, if not yet due, when it will or may become due, that no payments have been made on the claim which are not credited, and that there are no offsets to the claim, to the knowledge of the affiant, except as stated in the claim. (b) If the claim is contingent, the nature of the contingency shall be stated also. (c) If the claim has been assigned after the death of the decedent, the affidavit required in this section shall be made by or on behalf of the person owning the claim at the date of death of the decedent and by or on behalf of the assignee. (d) If a claim is founded on a written instrument, the original or a copy thereof with all endorsements must be attached to the claim. (e) The original instrument must be exhibited to the personal representative or court, upon demand, unless it is lost or destroyed, in which case its loss or destruction must be stated in the claim.

Legislative History

Acts 1949, No. 140, § 112; A.S.A. 1947, § 62-2603.