Trial of claims; judgment; set-off or counterclaim
Sec. 13. The trial of a claim under this chapter shall be conducted
as in ordinary civil cases, and if the finding is for the claimant the
court shall allow the claim in full or in part, and costs, to be paid out
of the assets of the estate under section 19 of this chapter. If the
claim sued on is secured by a lien upon property of the deceased, the
date and extent shall be ascertained and fixed by the finding and
judgment. If the finding is in favor of the personal representative
upon a set-off or counter-claim, judgment shall be rendered thereon
as in ordinary cases. If a set-off or counter-claim is pleaded, and the
claim is afterward dismissed, the personal representative may
nevertheless proceed to trial and judgment on the set-off or
counter-claim.
(Formerly: Acts 1953, c.112, s.1413.) As amended by P.L.118-1997,
SEC.21.
Last modified: May 27, 2006