§ 30.1-19-06 — (3-806) Allowance of claims

North Dakota § 30.1-19-06

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

Text

1. As to claims presented in the manner described in section 30.1-19-04 within the time
limit prescribed in section 30.1-19-03, the personal representative may mail a notice to
any claimant stating that the claim has been disallowed. If, after allowing or disallowing
a claim, the personal representative changes the personal representative's decision
concerning the claim, the personal representative shall notify the claimant. The
personal representative may not change a disallowance of a claim after the time for
the claimant to file a petition for allowance or to commence a proceeding on the claim
has run and the claim has been barred. Every claim which is disallowed, in whole or in

part, by the personal representative is barred so far as not allowed unless the claimant
files a petition for allowance in the court or commences a proceeding against the
personal representative not later than sixty days after the mailing of the notice of
disallowance or partial allowance if the notice warns the claimant of the impending bar.
Failure of the personal representative to mail notice to a claimant of action on the
claimant's claim for sixty days after the time for original presentation of the claim has
expired has the effect of a notice of allowance.
2. After allowing a claim, the personal representative may before payment change the
allowance to a disallowance in whole or in part, but not after allowance by a court
order or judgment or an order directing payment of the claim. The personal
representative shall notify the claimant of the change to disallowance, and the
disallowed claim is then subject to bar as provided under subsection 1. After
disallowing a claim, the personal representative may change a disallowance to an
allowance in whole or in part until it is barred under subsection 1 and after it is barred,
it may be allowed and paid only if the estate is solvent and all successors whose
interests would be affected consent.
3. Upon the petition of the personal representative or of a claimant in a proceeding for
the purpose, the court may allow, in whole or in part, any claim or claims presented to
the personal representative or filed with the clerk of the court in due time and not
barred by subsection 1. Notice in this proceeding must be given to the claimant, the
personal representative, and those other persons interested in the estate as the court
may direct, by order entered at the time the proceeding is commenced.
4. A judgment in a proceeding in another court against a personal representative to
enforce a claim against a decedent's estate is an allowance of the claim.
5. Unless otherwise provided in any judgment in another court entered against the
personal representative, allowed claims bear interest at the legal rate for the period
commencing sixty days after the time for original presentation of the claim has expired
unless based on a contract making a provision for interest, in which case allowed
claims bear interest in accordance with that provision.