§ 58-337. Allowance and rejection of claims.

A.  When a claim is presented to the personal representative, the personal representative must endorse thereon allowance or rejection, with the date thereof.  If the personal representative allows the claim, it must be presented, with the date of such presentment noted thereon to the judge for approval by the judge, who must, in the same manner, endorse upon it allowance or rejection.

B.  If the personal representative rejects the claim, in whole or in part, the personal representative shall mail a notice of such rejection to the creditor, by regular, first-class mail, to the creditor's address last-known to the personal representative, not later than five (5) days following the date of such partial or total rejection.

C.  1.  If the personal representative refuses or neglects to endorse such allowance or rejection for thirty (30) days after the claim has been presented to him, such refusal or neglect is equivalent to a rejection on the thirtieth day after presentment of the claim to the personal representative, regardless of the date on which the claim may have been actually rejected in whole or in part.

2.  If the judge refuses or neglects to endorse allowance or rejection on a claim, allowed by the personal representative, within thirty (30) days after the claim is presented to the judge, such refusal or neglect is equivalent to a rejection on the thirtieth day after presentment of the claim to the judge.

D.  If the claim be presented to the personal representative before the expiration of the time limited for the presentation of claims, the same is presented in time, though acted upon by the personal representative and/or by the judge after the expiration of such time.

E.  A claim presented to the personal representative at the personal representative's place of residence or business or at the personal representative's attorney's place of business prior to first publication of the notice shall be considered validly presented, shall be deemed to have been presented on the date of first publication of the notice and shall not be acted upon by the personal representative prior to such date, and the personal representative shall not be required to give notice to such creditor by mail, other than notice of rejection if the claim is rejected in whole or in part to the creditor who presented such claim.

F.  For estate proceedings commenced after October 31, 2008, the following provisions shall apply:

1.  If the personal representative rejects a claim, in whole or in part, but refuses or neglects to mail a notice of the rejection not later than five (5) days following the date of partial or total rejection as required in paragraph B of this section, the forty-five-day time period for limitation of actions as specified in Section 339 of this title shall not begin until the personal representative has mailed notice of rejection to the creditor by regular, first-class mail to the creditor’s last-known address.  In no event shall such limitation extend past the date that a petition for final accounting is filed; and

2.  If the treatment of any claim by the personal representative or judge is deemed equivalent to a rejection, as described in paragraph 1 or 2 of subsection C of this section, the forty-five-day time period for limitation of actions specified in Section 339 of this title shall not begin until the personal representative has mailed notice of the deemed rejection to the creditor by regular, first-class mail to the creditor’s last-known address.  In no event shall such limitation extend past the date that a petition for final accounting is filed.

R.L. 1910, § 6342.  Amended by Laws 1965, c. 206, § 1; Laws 1988, c. 228, § 11, emerg. eff. June 22, 1988; Laws 2008, c. 326, § 1, eff. Nov. 1, 2008.