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Chapter 524
Section 524.3-804
Topics
Recent History
- 1996 524.3-804 Amended 1996 c 338 art 2 s 5
This is an historical version of this statute chapter. Also view the most recent published version.
524.3-804 MANNER OF PRESENTATION OF CLAIMS.
Claims against a decedent's estate may be presented as follows:
(1) The claimant may deliver or mail to the personal representative a written statement of the
claim indicating its basis, the name and address of the claimant, and the amount claimed, or may
file a written statement of the claim, in the form prescribed by rule, with the court administrator.
The claim is deemed presented on the first to occur of receipt of the written statement of claim by
the personal representative, or the filing of the claim with the court. If a claim is not yet due, the
date when it will become due shall be stated. If the claim is contingent or unliquidated, the nature
of the uncertainty shall be stated. If the claim is secured, the security shall be described. Failure to
describe correctly the security, the nature of any uncertainty, and the due date of a claim not yet
due does not invalidate the presentation made.
(2) The claimant may commence a proceeding against the personal representative in any
court where the personal representative may be subjected to jurisdiction, to obtain payment of the
claim against the estate, but the commencement of the proceeding must occur within the time
limited for presenting the claim. No presentation of claim is required in regard to matters claimed
in proceedings against the decedent which were pending at the time of death.
(3) If a claim is presented under subsection (1), no proceeding thereon may be commenced
more than two months after the personal representative has mailed a notice of disallowance; but,
in the case of a claim which is not presently due or which is contingent or unliquidated, the
personal representative may consent to an extension of the two month period, or in any case, to
avoid injustice the court, on petition, may order an extension of the two month period, but in no
event shall the extension run beyond the applicable statute of limitations.
History: 1975 c 347 s 58; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1996 c 338 art 2 s 5
Claims against a decedent's estate may be presented as follows:
(1) The claimant may deliver or mail to the personal representative a written statement of the
claim indicating its basis, the name and address of the claimant, and the amount claimed, or may
file a written statement of the claim, in the form prescribed by rule, with the court administrator.
The claim is deemed presented on the first to occur of receipt of the written statement of claim by
the personal representative, or the filing of the claim with the court. If a claim is not yet due, the
date when it will become due shall be stated. If the claim is contingent or unliquidated, the nature
of the uncertainty shall be stated. If the claim is secured, the security shall be described. Failure to
describe correctly the security, the nature of any uncertainty, and the due date of a claim not yet
due does not invalidate the presentation made.
(2) The claimant may commence a proceeding against the personal representative in any
court where the personal representative may be subjected to jurisdiction, to obtain payment of the
claim against the estate, but the commencement of the proceeding must occur within the time
limited for presenting the claim. No presentation of claim is required in regard to matters claimed
in proceedings against the decedent which were pending at the time of death.
(3) If a claim is presented under subsection (1), no proceeding thereon may be commenced
more than two months after the personal representative has mailed a notice of disallowance; but,
in the case of a claim which is not presently due or which is contingent or unliquidated, the
personal representative may consent to an extension of the two month period, or in any case, to
avoid injustice the court, on petition, may order an extension of the two month period, but in no
event shall the extension run beyond the applicable statute of limitations.
History: 1975 c 347 s 58; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1996 c 338 art 2 s 5
Official Publication of the State of Minnesota
Revisor of Statutes