§ 30.1-29-28 — (5-428) Claims against protected person - Enforcement

North Dakota § 30.1-29-28

• Jurisdiction: North Dakota
• Title 30.1: Uniform Probate Code
• Ch. 30.1-29: Protection of Property of Persons Under Disability and Minors

Text

1. A conservator must pay from the estate all just claims against the estate and against
the protected person arising before or after the conservatorship upon their
presentation and allowance. A claim may be presented by either of the following
methods:
a. The claimant may deliver or mail to the conservator a written statement of the
claim indicating its basis, the name and address of the claimant, and the amount
claimed.
b. The claimant may file a written statement of the claim, in the form prescribed by
rule, with the clerk of the court and deliver or mail a copy of the statement to the
conservator.
A claim is deemed presented on the first to occur of either receipt of the written
statement of claim by the conservator, or the filing of the claim with the court. A
presented claim is allowed if it is not disallowed by written statement mailed by the
conservator to the claimant within sixty days after its presentation. The presentation of
a claim tolls any statute of limitation relating to the claim until thirty days after its
disallowance.
2. A claimant whose claim has not been paid may petition the court for determination of
the claim at any time before it is barred by the applicable statute of limitation, and,
upon due proof, procure an order for its allowance and payment from the estate. If a
proceeding is pending against a protected person at the time of appointment of a
conservator or is initiated against the protected person thereafter, the moving party
must give notice of the proceeding to the conservator if the outcome is to constitute a
claim against the estate.
3. If it appears that the estate in conservatorship is likely to be exhausted before all
existing claims are paid, preference is to be given to prior claims for the care,
maintenance, and education of the protected person or the protected person's
dependents and existing claims for expenses of administration.