§ 30.1-19-04 — (3-804) Manner of presentation of claims

North Dakota § 30.1-19-04

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

Text

Claims against a decedent's estate may be presented as follows:
1. The claimant may deliver or mail to the personal representative and any attorney of
record for the estate 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 the first to occur, either receipt of the written statement of claim by the
personal representative, or the filing of the claim with the court. If a claim is not yet
due, the claimant shall state the date when it will become due. If the claim is
contingent or unliquidated, the claimant shall state the nature of the uncertainty. If the
claim is secured, the claimant shall describe the security. 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.
2. 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 claimant's claim against the estate, but the commencement of the
proceeding must occur within the time limited for presenting the claim. A presentation
of claim is not required in regard to matters claimed in proceedings against the
decedent which were pending at the time of death.
3. If a claim is presented under subsection 1, a proceeding on the claim may not be
commenced more than sixty 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 sixty-day period, or to avoid injustice, the court, on petition, may order an
extension of the sixty-day period, but in no event may the extension run beyond the
applicable statute of limitations.