Title 28 — — Appendix Administrative Order Number 12 — Official Probate Forms

(a) Statute of Nonclaim. (1) Except as provided in §§ 28-50-102 and 28-50-110, all claims against a decedent's estate, other than expenses of administration and claims of the United States which, under valid laws of the United States, are not barrable by a statute of nonclaim, bu…

(a) The provisions of § 28-50-101 shall not preclude the commencement or continuance of separate actions against the personal representative as such for the debts and other liabilities of the decedent, if commenced or revived within the periods stated in § 28-50-101. (b) Any acti…

(a) No claim shall be allowed against an estate on application of the claimant unless it shall be in writing, describe the nature and the amount of the claim, if ascertainable, and be accompanied by the affidavit of the claimant or someone for him or her that the amount is justly…

(a) (1) A person having a claim against an estate may present it to the personal representative, properly verified, for approval.(2) The personal representative shall endorse upon the claim the date of the presentation to him or her, his or her approval or disapproval of the clai…

(a) (1) Except as provided in subsections (b) and (c) of this section, no claimant shall be entitled to payment unless his or her claim shall have been duly filed with and allowed by the court.(2) Except in the case of the personal representative's own claim, any claim which is a…

(a) At the time of their allowance, all claims shall be classified in one (1) of the following classes, and, if the applicable assets of the estate are insufficient to pay all claims, the personal representative shall make payment in the following order:(1) Costs and expenses of …

A personal representative may establish a claim he or she may have against the estate by filing the claim with the court. Upon a hearing after such notice as it shall direct and if satisfied as to the validity of the claim, the court shall enter an order allowing it.

(a) Upon proof of a claim which will become due at some future time, the amount of which is capable of ascertainment, the court shall allow it at the present value of the claim, and payment may be made as in the case of an absolute claim which has been allowed. (b) However, if th…

(a) If a claim is secured, in whole or in part, the security shall be described in the proof of claim. (b) Written instruments evidencing the security shall be subject to the provisions of § 28-50-103 relative to written instruments upon which a claim is founded. However, if the …

(a) (1) Contingent claims which cannot be allowed as absolute debts may, nevertheless, be filed in the court and proved.(2) If allowed as a contingent claim, the order of allowance shall state the nature of the contingency.(3) If the claim becomes absolute before distribution of …

(a) If a contingent claim shall have been presented and allowed against an estate and all the assets of the estate including the fund, if any, set apart for the payment thereof shall have been distributed, and the claim shall thereafter become absolute, then the creditor shall ha…

When a claim against the estate has been filed or suit thereon is pending, if it appears to be in the best interest of the estate and subject to the court's authorization or approval, the creditor and personal representative may compromise the claim whether due or not due, absolu…

(a) Upon expiration of six (6) months after the date of the first publication of notice to creditors and the final adjudication of all claims filed against the estate, the personal representative shall proceed to pay the claims allowed against the estate in accordance with the pr…

(a) No execution shall issue upon nor shall any levy be made against any property of the estate under any judgment against a decedent or a personal representative. (b) However, the provisions of this section shall not be construed to prevent the enforcement of mortgages, pledges,…