2003 Minnesota Statutes

     524.3-806 Allowance of claims. 

    (a) As to claims presented in the manner described in 
 section 524.3-804 within the time limit prescribed or permitted 
 in section 524.3-803, the personal representative may mail a 
 notice to any claimant stating that the claim has been 
 disallowed.  If, after allowing or disallowing a claim, the 
 personal representative changes the decision concerning the 
 claim, the personal representative shall notify the claimant. 
 Without order of the court for cause shown, the personal 
 representative may not change a disallowance of a claim after 
 the time for the claimant to file a petition for allowance or to 
 commence a proceeding on the claim has run and the claim has 
 been barred.  Every claim which is disallowed in whole or in 
 part by the personal representative is barred so far as not 
 allowed unless the claimant files a petition for allowance in 
 the court or commences a proceeding against the personal 
 representative not later than two months after the mailing of 
 the notice of disallowance or partial allowance if the notice 
 warns the claimant of the impending bar.  Failure of the 
 personal representative to mail notice to a claimant of action 
 on the claim for two months after the time for original 
 presentation of the claim has expired has the effect of a notice 
 of allowance, except that upon petition of the personal 
 representative and upon notice to the claimant, the court at any 
 time before payment of such claim may for cause shown permit the 
 personal representative to disallow such claim.  Any claim in 
 excess of $3,000 for personal services rendered by an individual 
 to the decedent including compensation of persons attending the 
 decedent during a last illness, and any claim of the personal 
 representative which arose before the death of the decedent or 
 in which the personal representative has an interest in excess 
 of $3,000 may be allowed only in compliance with subsection (b). 

    (b) Upon the petition of the personal representative or of 
 a claimant in a proceeding for the purpose, the court may allow 
 in whole or in part any claim or claims presented to the 
 personal representative or filed with the court administrator in 
 due time and not barred by subsection (a) of this section.  
 Notice in this proceeding shall be given to the claimant, the 
 personal representative and those other persons interested in 
 the estate as the court may direct by order entered at the time 
 the proceeding is commenced. 

    (c) A judgment in a proceeding in another court against a 
 personal representative to enforce a claim against a decedent's 
 estate is an allowance of the claim. 

    (d) Unless otherwise provided in any judgment in another 
 court entered against the personal representative, allowed 
 claims bear interest at the legal rate for the period commencing 
 60 days after the time for original presentation of the claim 
 has expired unless based on a contract making a provision for 
 interest, in which case they bear interest in accordance with 
 that provision.  Notwithstanding the preceding sentence, claims 
 that have been disallowed pursuant to clause (a) and are 
 subsequently allowed by the personal representative or reduced 
 to judgment shall bear interest at the legal rate from the 
 latter of the following dates: 

    (1) 60 days after the time for original presentation of the 
 claim; or 

    (2) the date the claim is allowed or the date judgment is 
 entered. 

    HIST: 1975 c 347 s 58; 1976 c 161 s 8; 1986 c 444; 1Sp1986 c 3 
 art 1 s 82