§ 28-50-104 — Presentation and filing of claims

(a) (1) A person having a claim against an estate may present it to the personal representative, properly verified, for approval. (2) The personal representative shall endorse upon the claim the date of the presentation to him or her, his or her approval or disapproval of the claim, and, if approved, the classification of the claim, and he or she shall sign the endorsement. (3) A claim approved by the personal representative must be filed with the court by or on behalf of the claimant within thirty (30) days after the expiration of six (6) months from the date of the first publication of the notice to creditors or it shall be barred, as provided in § 28-50-101 . (4) A claim, disapproved or not acted upon by the personal representative, must be filed with the court by or on behalf of the claimant within the period fixed by § 28-50-101 or within thirty (30) days after the date of its presentation to the personal representative, whichever shall be the later date, or it shall be barred, as provided in § 28-50-101 . (b) As an alternative to the procedure set forth in subsection (a) of this section, a person having a claim against an estate may file it with the court, whereupon the clerk shall notify the personal representative, by ordinary mail, of the filing of the claim.

Legislative History

Acts 1949, No. 140, § 113; 1967, No. 287, § 9; A.S.A. 1947, § 62-2604.