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Claims: Dep Admin and Guardianship
Presentment of Claims
- creditor must file authenticated claim by affidavit with court or administrator
- admin responds by memo w/in 30 days (if doesn't, assume rejected)
- if court allows, paid, if disallowed (or)
- if rejected by rep/exec, then
= must file claim w/in 90 days or banned
(doesn't apply to contingent suits - torts)
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Claims - Independent Admin
- no need to present claim to court first - failure to present claim does not bar bringing claim
- rep must respond w/in 60 days
- otherwise considered denied by rep and claimant brings suit
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Mature Secured Claim
- Secured Creditor Only (prob & guardianship)
- To be paid from general estate assets, must bring w/in
- - 6 months from appointment; or
- - 4 months from notice
= receive deficiency judgment
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Preferred Debt and Lien
- Secured Creditor Only (prob & guardianship)
- Didn't present claim w/in 6 /4 month limit
- no deficiency judgment (some priority though)
- can only look to collateral
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Guardianship (30 Days)
1. inventory
2. possession of property
3. publish notice to creditors and file affidavit
4. apply or monthly allowance
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Guardianship (4 Months)
1. Notice to Secured Creditors (different than probate)
2. MUST - Notice to Unsecured Creditors (may include 120 day requirement to bring suit) (in probate not required)
3. Apply to sell certain perishable/deteriorating personal property
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Guardianship (6 Months)
Invest property according to S855, or
apply w/ court for approval of investment plan, or
apply w/ court to for approval to eliminate duty to invest
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Guardianship - Annual Accounting
w/in 60 days from anniversary of appointment
(must be on file 10 days before hearing on it)
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Probate - Hearing
Monday, 10 days from filing application
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Probate - Oath
20 days from order
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Probate - General Notice
1 month
- publish notice and
- publisher's affidavit to court
- some newspaer, printed in coutny where letters issued
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Probate - Permissive Notice
Any time, but claim barred if no response w/in 4 month from Notice
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Probate - Personal Notice to Secured Creditors
2 Months
and proof of service to court
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Probate - 128A Notice
60 days
All beneficiaries, unless waived
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Probate - 128A Attorney Affidavit
90 Days from Letters
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Probate - Inventory
90 Days from Letters
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Probate - Beneficiary Petition for Distribution
After 2 Years
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Probate - Post Bond
20 Days
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Probate - Notice to Charitable Beneficiary
30 Days
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Probate - Beneficiary Request Accounting
1 Year from Letters
or is it after 15 months from probate and then every 12 months? amanda is confirming
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Dep Admin - Accounting
Must file Accounting w/in 1 Year
and each year
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Ind. Admin (Accounting)
B may demand 15 months after creation of estate
Must comply w/in 60 days
After initial accounting, any interested person may request, but not more than every 12 months
Any interested person may petition court for accounting and/or distribution after 2 years
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Trust Accounting
Not required, unless:
1) Beneficiary demands; or
2) Interested party has court order
- Must provide accounting w/in 90 days
- not more frequently than every 12 months
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Citation
- - application filed (type)
- - name of decedent
- - time when acted upon (Mon after 10 days)
- - that all persons interested should appear and contest if desire
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128(b) Notice
When will can not be produced in court
personal heirs in state
published to out of state or unknown whereabouts
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