§33-11-4  Manner of presentation of claims. –

Published: 2015

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Probate practice and procedure


Claims Against Decedents' Estates

SECTION 33-11-4

   § 33-11-4  Manner of presentation of

claims. –

Claims against a decedent's estate may be presented as follows:

   (1) The claimant shall present a written statement of the

claim with the clerk of the probate court indicating its basis, the amount

claimed (if known), the name and address of the claimant, and the name and

address of the claimant's attorney (if any) and deliver or mail a copy thereof

to the personal representative. The claim is deemed presented when filed with

the probate court. The claimant has the burden of establishing proper and

timely presentation of the claim. If the claim is not yet due, the date when it

will become due shall be stated. If the claim is contingent or unliquidated,

the nature of the condition or uncertainty shall be stated. If the claim is

secured, the security shall be described. Failure to accurately describe the

due date of claim not yet due, the nature of any condition or uncertainty, or

the security, does not invalidate the presentation made.

   (2) No presentation of claim is required for matters already

claimed in proceedings which were pending against the decedent at the time of

his or her death. No personal representative shall be held to defend and no

decedent's estate shall be held liable for any claim pending against the

decedent until the estate shall be joined as a party with notice to the probate

court and the personal representative served.

History of Section.

(C.P.A. 1905, § 883; G.L. 1909, ch. 314, § 3; P.L. 1915, ch. 1260,

§ 3; P.L. 1920, ch. 1937, § 1; G.L. 1923, ch. 365, § 3; G.L.

1938, ch. 578, § 3; P.L. 1941, ch. 1003, § 2; P.L. 1951, ch. 2743,

§ 1; P.L. 1952, ch. 3023, § 1; impl. am. P.L. 1956, ch. 3717, §

1; G.L. 1956, § 33-11-4; P.L. 1996, ch. 110, § 5; P.L. 2008, ch. 307,

§ 2; P.L. 2011, ch. 363, § 6.)

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