Personal representative claims
Sec. 17. (a) Whenever a claim in favor of a personal
representative against the estate the personal representative
represents that accrued before the death of the decedent is filed
against an estate, with the affidavit of the claimant attached, the
claim shall not be acted upon by the personal representative unless
all interested persons who would be affected by the allowance of the
claim consent in writing to it. If all interested persons do not consent
to the payment of that claim, the judge shall appoint a special
personal representative who shall examine the nature of the claim. If
the special personal representative determines that the claim is just,
the special personal representative shall allow the claim. If the
special personal representative believes it is in the best interests of
the estate to oppose the claim, the special personal representative
may:
(1) employ counsel to represent the special personal
representative;
(2) disallow the claim; and
(3) ask the court to set the claim for trial.
The special personal representative and the special personal
representative's counsel shall be paid out of the estate fees for
services that the court determines reasonable and appropriate.
(b) Claims of personal representatives shall not be deemed civil
actions or proceedings for the purpose of determining court costs,
unless the court arranges for active opposition provided in this
section.
(Formerly: Acts 1953, c.112, s.1417.) As amended by Acts 1978,
P.L.132, SEC.8; P.L.118-1997, SEC.22.
Last modified: May 27, 2006