§ 1809 — Proceeding to determine validity and enforceability of claims 1

§ 1809. Proceeding to determine validity and enforceability of claims\n 1. Whenever a fiduciary has knowledge or notice that a claim may be\nasserted and no written notice of claim has been presented to him or if\na fiduciary has reason to question the validity of any claim, whether\nsuch notice has been presented to him or not, and no action or\nproceeding to enforce the claim has been instituted, the fiduciary may\npresent a petition to the court showing the facts and praying that the\nclaimant or possible claimant be required to show cause why his claim,\nif any, should not be disallowed. Similarly, any claimant whose claim is\nmade in compliance with 1803, and whose claim has not been allowed in\nwhole pursuant to 1806 may petition the court showing the facts and\npraying that the fiduciary be required to show cause why the claim\nshould not be allowed.\n 2. If the petition be entertained process shall issue to the claimant\nor possible claimant or fiduciary, as the case may be, and, whenever the\nclaim sought is in excess of ten thousand dollars or constitutes\ntwenty-five percent or more of the estimated gross probate estate,\nwhichever is the lesser, to any person whose rights or interests will be\naffected by allowance of the claim and the person cited may within 8\ndays from the return day, serve and file an answer. The answer, if\nfiled by the claimant, shall be accompanied by a copy of any notice of\nclaim, supporting affidavit or other evidence of the claim, if any,\nfiled with the fiduciary. If the fiduciary deems it necessary he may,\nwithin 5 days from the service upon him of a copy of the answer, serve\nand file a reply thereto. The claimant may also file a reply to an\nanswer served by the fiduciary.\n 3. The court may determine the claim and all issues relating thereto\nas a preliminary step in the accounting proceeding and make such\ndirection as justice shall require.\n