(A)The probate court has exclusive jurisdiction over claims against the protected person arising from the internal affairs of the conservatorship which may be commenced in the following manner:
(1)A 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. The claimant also must file a written statement of the claim, in the form prescribed by rule, with the probate court in which the conservatorship is under administration.
(2)A claim is considered presented upon the filing of the statement of claim with the court.
(3)As to claims presented in the manner described in item (1), within sixty days after the presentment of the claim, the conservator must serve upon the claimant a noti
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(A) The probate court has exclusive jurisdiction over claims against the protected person arising from the internal affairs of the conservatorship which may be commenced in the following manner: (1) A 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. The claimant also must file a written statement of the claim, in the form prescribed by rule, with the probate court in which the conservatorship is under administration. (2) A claim is considered presented upon the filing of the statement of claim with the court. (3) As to claims presented in the manner described in item (1), within sixty days after the presentment of the claim, the conservator must serve upon the claimant a notice stating the claim has been allowed or disallowed in whole or in part. Service of such notice shall be by United States mail, personal service, or otherwise as permitted by rule, and a copy of the notice must be filed with the probate court, along with proof of delivery setting forth the date of mailing or other service on the claimant. A notice of disallowance or partial disallowance of a claim must contain a warning that the claim will be barred to the extent disallowed unless the claimant commences a proceeding for allowance of the claim in accordance with item (4) within thirty days of the mailing or other service of the notice of disallowance or partial disallowance. Every claim which is disallowed in whole or in part by the conservator is barred so far as not allowed unless the claimant commences a proceeding for allowance of the claim in accordance with item (4) no later than thirty days after the mailing or other service of the notice of disallowance or partial disallowance by the conservator. For good cause shown, the court may reasonably extend the time for filing the notice of allowance or disallowance of a properly filed claim. (4) Once a claim is presented in accordance with item (1), a claimant may at any time thereafter commence a legal proceeding against the conservator by the filing of a summons and petition for allowance of a claim in the probate court having jurisdiction over the conservatorship, seeking payment of the claim by the conservatorship, and serving the same upon the conservator. Thereafter, the probate court shall not authorize the termination of the conservatorship until the legal proceeding has ended. (5) In lieu of the procedure provided for in items (1) through (4), a claimant may commence a legal proceeding against the conservator, by the filing of a summons and petition for allowance of a claim or complaint in the probate court having jurisdiction over the conservatorship, seeking payment of his claim by the conservatorship, and serving the same upon the conservator. Thereafter, the probate court may not permit the termination of the conservatorship until the legal proceeding has ended. (6) Notwithstanding another provision of this section, no proceeding for enforcement or allowance of a claim may be commenced more than thirty days after the conservator has mailed a notice of disallowance or partial disallowance of the claim. (7) This subsection does not apply to a proceeding by a secured creditor to enforce the secured creditor's right to its security. (B) Except as limited by Section 62-5-433, the probate court has jurisdiction concurrent with the circuit court in matters involving a request for a judicial determination as to the external affairs of a conservatorship, including actions by or against creditors or debtors of conservatorships and other actions or proceedings involving conservators and third parties. If a creditor has notice of the appointment of a conservator, all pleadings must be served by or on the conservator. Within thirty days after the conservator files, or becomes aware of, any court action in which the protected person is a party, the conservator must notify the court where the conservatorship is being administered if the outcome may constitute a claim against the estate. The conservator may request instructions from the court as necessary. (C) If it appears that the conservatorship assets are likely to be exhausted before all existing claims are paid, preference must be given to prior claims for the care, maintenance, and education of the protected person or his dependents and existing claims for expenses of administration.
HISTORY: 1986 Act No. 539, SECTION 1; 1988 Act No. 659, SECTION 6; 1997 Act No. 152, SECTION 26; 2010 Act No. 244, SECTIONS 31, 38, eff June 7, 2010. Formerly Code 1976 SECTIONS 62-5-402 and 62-5-428, renumbered and amended by 2017 Act No. 87 (S.415), SECTION 5.A, eff January 1, 2019; 2024 Act No. 200 (H.4234), SECTION 17, eff May 21, 2024. Editor's Note 2024 Act No. 200, SECTION 30, provides as follows: "SECTION 30. SECTIONS 1-21 of this act take effect upon approval by the Governor and their provisions shall apply to all applicable actions, proceedings, and matters filed on and after the effective date; SECTIONS 22-29 of this act take effect on July 1, 2025." Effect of Amendment 2024 Act No. 200, SECTION 17, rewrote (A).