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. The claim is deemed presented on receipt of the written statement of claim by the personal representative. 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 his 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 his death.
3. If a claim is presented under paragraph 1, no proceeding thereon may be commenced more than sixty days 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 sixty day period, or to avoid injustice the court, on petition, may order an extension of the sixty day period, except no extension may run beyond the applicable statute of limitations.
Notes of Decisions
In Re the Est. of Sanford M. Bolton, 315 P.3d 1241 (Ariz. Ct. App. 2013).
· cites it 27× “A claimant without a pending case or judgment 3 may send the personal representative a written statement of the claim that must include the basis for the claim and the amount.”
In Re Est. of Van Der Zee, 265 P.3d 439 (Ariz. Ct. App. 2011).
· cites it 6× “AR.S. § 14-3804(1), (2) (2005). If a claim is presented by written statement, the claimant may not commence a proceeding thereon more than sixty days after the personal representative mails a notice of disallowance of the claim.”
Barry & Sewall Indus. Supply Co. v. Est. of Barry, 910 P.2d 657 (Ariz. Ct. App. 1996).
· cites it 8× “§ 14-3804(2), or 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,” A.”
Matter of Est. of Kopely, 767 P.2d 1181 (Ariz. Ct. App. 1988).
· cites it 4× “2 A.R.S. § 14-3804 allows a creditor to present a claim against the decedent’s estate by commencing an action against the personal representative in any court where the personal representative may be subjected to jurisdiction, so long as the proceeding is commenced within the…”
In Re Est. of Richard R. Snure, 320 P.3d 316 (Ariz. Ct. App. 2014).
· cites it 2× “§ 14-3806(A), when a claim is presented against an estate under A.R.S. § 14-3804, the estate “may mail a notice to any claimant stating that the claim has been disallowed.”
Est. of Estes v. Valley Nat'l Bank, 654 P.2d 4 (Ariz. Ct. App. 1982).
· cites it 2× “Estes failed to present a creditor's claim in the manner required by A.R.S. § 14-3804. Therefore, the estate never became legally obligated to pay these amounts and a deduction for these claims would not have been proper.”
Matter of Est. of Levine, 700 P.2d 883 (Ariz. Ct. App. 1985).
· cites it 2× “” Such claims, presented within four months after performance by the personal representative is due, are subject also to action being commenced within 60 days after the personal representative has disallowed the claim as required per A.”
Gorman v. State ex rel. Owens, 155 P.3d 1054 (Ariz. Ct. App. 2007).
· cites it 2× “5 See A.R.S. § 14-3804(1) (2005) (explaining the requirements of a claim: “its basis, the name and address of the claimant and the amount claimed[ ]”).”
Gordon v. Est. of Brooks, 397 P.3d 1040 (Ariz. Ct. App. 2017).
“”) section 14-3804(1) (2012) (requiring claim against an estate to be presented in writing, “indicating its basis, the name and *443 address of the claimant and the amount claimed”).”
Nuppenau v. Meyer, 774 P.2d 839 (Ariz. Ct. App. 1989).
· cites it 5× “Under A.R.S. § 14-3804, a “proper presentation” occurs when the claim is presented to the personal representative by delivery or mail, of a written statement of the claim.”
Bmo v. Reid (Ariz. Ct. App. 2015).
· cites it 2× “REID Decision of the Court ¶14 If a creditor receives proper notice, whether before or after the appointment of a personal representative, the creditor must either file a timely written claim with the personal representative or, within the same time limits, file a lawsuit…”
— Ariz. Rev. Stat. § 14-3804(1) — 6 cases
In Re Est. of Van Der Zee, 265 P.3d 439 (Ariz. Ct. App. 2011).
“AR.S. § 14-3804(1), (2) (2005). If a claim is presented by written statement, the claimant may not commence a proceeding thereon more than sixty days after the personal representative mails a notice of disallowance of the claim.”
Barry & Sewall Indus. Supply Co. v. Est. of Barry, 910 P.2d 657 (Ariz. Ct. App. 1996).
“§ 14-3804(2), or 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,” A.”
Gorman v. State ex rel. Owens, 155 P.3d 1054 (Ariz. Ct. App. 2007).
“5 See A.R.S. § 14-3804(1) (2005) (explaining the requirements of a claim: “its basis, the name and address of the claimant and the amount claimed[ ]”).”
In Re the Est. of Sanford M. Bolton, 315 P.3d 1241 (Ariz. Ct. App. 2013).
“A claimant without a pending case or judgment 3 may send the personal representative a written statement of the claim that must include the basis for the claim and the amount.”
Gordon v. Est. of Brooks, 397 P.3d 1040 (Ariz. Ct. App. 2017).
“”) section 14-3804(1) (2012) (requiring claim against an estate to be presented in writing, “indicating its basis, the name and *443 address of the claimant and the amount claimed”).”
— Ariz. Rev. Stat. § 14-3804(2) — 3 cases
In Re the Est. of Sanford M. Bolton, 315 P.3d 1241 (Ariz. Ct. App. 2013).
“A claimant without a pending case or judgment 3 may send the personal representative a written statement of the claim that must include the basis for the claim and the amount.”
Matter of Est. of Kopely, 767 P.2d 1181 (Ariz. Ct. App. 1988).
“2 A.R.S. § 14-3804 allows a creditor to present a claim against the decedent’s estate by commencing an action against the personal representative in any court where the personal representative may be subjected to jurisdiction, so long as the proceeding is commenced within the…”
Barry & Sewall Indus. Supply Co. v. Est. of Barry, 910 P.2d 657 (Ariz. Ct. App. 1996).
“§ 14-3804(2), or 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,” A.”
— Ariz. Rev. Stat. § 14-3804(3) — 2 cases
In Re Est. of Van Der Zee, 265 P.3d 439 (Ariz. Ct. App. 2011).
“AR.S. § 14-3804(1), (2) (2005). If a claim is presented by written statement, the claimant may not commence a proceeding thereon more than sixty days after the personal representative mails a notice of disallowance of the claim.”
In Re the Est. of Sanford M. Bolton, 315 P.3d 1241 (Ariz. Ct. App. 2013).
“A claimant without a pending case or judgment 3 may send the personal representative a written statement of the claim that must include the basis for the claim and the amount.”
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