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396.015 Method of presentation of claims.
Claims against a decedent's estate shall 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 clerk of the court. If presentment shall
be made by filing a written statement of the claim with the clerk of the court, the
claimant shall certify as provided in the rules of civil procedure that a copy of
the written statement has been given or mailed to the personal representative
and his attorney. The claim shall be 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) In an action pending against the decedent at the time of his death, which action
survives at law, the substitution of the personal representative for the
decedent, or motion therefor, shall constitute the presentation of a claim. Such
claim shall be deemed to have been presented from the time of substitution, or
motion therefor.
Effective:July 15, 1988
History: Created 1988, Ky. Acts ch. 90, sec. 7, effective July 15, 1988.
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