Allowance; disallowance; expenses of administration
Sec. 10. (a) On or before three (3) months and fifteen (15) days
after the date of the first published notice to creditors, the personal
representative shall allow or disallow each claim filed within three
(3) months after the date of the first published notice to creditors by
making appropriate notations on the margin of the claim and
allowance docket showing the action taken as to the claim. If a
personal representative determines that the personal representative
should not allow a claim in full, the claim shall be noted
"disallowed". The clerk of the court shall give written notice to a
creditor if a claim has been disallowed in full or in part. All claims
that are disallowed, or are neither allowed nor disallowed within
three (3) months and fifteen (15) days, shall be set for trial in the
probate court upon the petition of either party to the claim. The
personal representative shall make an appropriate notation of any
compromise or adjustment on the margin of the claim and allowance
docket. If the personal representative, after allowing a claim and
before paying it, determines that the claim should not have been
allowed, the personal representative shall change the notation on the
claim and allowance docket from "allowed" to "disallowed" and give
written notice to the creditor. If a claim has been paid in full or in
part, the creditor shall:
(1) release the claim to the extent that the claim has been paid;
and
(2) give written notice to the clerk of the court of the release.
(b) Claims for expenses of administration may be allowed upon
application of the claimant or of the personal representative, or may
be allowed at any accounting, regardless of whether or not they have
been paid by the personal representative.
(Formerly: Acts 1953, c.112, s.1410; Acts 1975, P.L.288, SEC.24.)
As amended by P.L.154-1990, SEC.10; P.L.252-2001, SEC.19.
Last modified: May 27, 2006