§ 30.1-19-03 — (3-803) Limitations on presentation of claims

North Dakota § 30.1-19-03

• Jurisdiction: North Dakota
• Title 30.1: Uniform Probate Code
• Ch. 30.1-19: Creditors' Claims

Text

1. All claims against a decedent's estate which arose before the death of the decedent,
including claims of the state or any political subdivision, whether due or to become
due, absolute or contingent, liquidated or unliquidated, founded on contract, tort, or
other legal basis, if not barred earlier by other statute of limitations, are barred against
the estate, the personal representative, the heirs and devisees of the decedent, and
nonprobate transferees unless presented as follows:
a. Within three months after the date of the first publication and mailing of notice to
creditors if notice is given in compliance with section 30.1-19-01; provided, claims
barred by the nonclaim statute at the decedent's domicile before the first
publication for claims in this state are also barred in this state.
b. Within three years after the decedent's death, if notice to creditors has not been
published and mailed.
2. All claims against a decedent's estate which arise at or after the death of the decedent,
including claims of the state and any subdivision thereof, whether due or to become
due, absolute or contingent, liquidated or unliquidated, founded on contract, tort, or
other legal basis, are barred against the estate, the personal representative, and the
heirs and devisees of the decedent, unless presented as follows:
a. A claim based on a contract with the personal representative, within four months
after performance by the personal representative is due.
b. Any other claim, within three months after it arises.
3. Nothing in this section affects or prevents:
a. Any proceeding to enforce any mortgage, pledge, or other lien upon property of
the estate.

b. To the limits of the insurance protection only, any proceeding to establish liability
of the decedent or the personal representative for which the decedent or personal
representative is protected by liability insurance.