RULE 86 CLAIMS AGAINST ESTATE Flashcards

1
Q

Within what period should the claim be filed?

A

SEC. 2. Time within which claims shall he filed. — In the notice provided in the preceding section, the court shall state the time for the filing of claims against the estate, which shall not be more than twelve (12) nor less than six (6) months af­
ter the date of the first publication of the notice. However, at any time before an order of distribution is entered, on appli­
cation of a creditor who has failed to file his claim within the time previously limited, the court may, for cause shown and on such terms as are equitable, allow such claim to be filed within a time not exceeding one (1) month.

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2
Q

Within what period should the claim be filed?

A

SEC. 2. Time within which claims shall he filed. — In the notice provided in the preceding section, the court shall state the time for the filing of claims against the estate, which shall ‘ not be more than twelve (12) nor less than six (6) months af­ter the date of the first publication of the notice. However, at any time before an order of distribution is entered, on appli­
cation of a creditor who has failed to file his claim within the time previously limited, the court may, for cause shown and on such terms as are equitable, allow such claim to be filed within a time not exceeding one (1) month.

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3
Q

What is the statute of non claims?

A

The rule requires certain creditors of a deceased person to present their claims for examination and allowance within a specified period, the purpose thereof being to settle the estate with dispatch, so that the residue may be delivered to the persons entitled thereto without their being afterwards called upon to respond in actions for claims, which, un­
der the ordinary statute of limitations, have not yet prescribed.

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