North Dakota Code § 30.1-19-07

(3-807) Payment of claims
Open in Lexace · Ask the AI about this section
1. Upon the expiration of three months from the date of the first publication and mailing of 
the notice to creditors, the personal representative shall proceed to pay the claims 
allowed against the estate in the order of priority prescribed, after making provision for 
homestead, family, and support allowances, for claims already presented which have 
not yet been allowed or whose allowance has been appealed, and for unbarred claims 
that may yet be presented, including costs and expenses of administration. By petition 
to the court in a proceeding for the purpose, or by appropriate motion if the 
administration is supervised, a claimant whose claim has been allowed but not paid as 
provided herein may secure an order directing the personal representative to pay the 
claim to the extent that funds of the estate are available for the payment.
2. The personal representative at any time may pay any just claim which has not been 
barred, with or without formal presentation, but the personal representative is 
personally liable to any other claimant whose claim is allowed and who is injured by 
such payment if:
a. The payment was made before the expiration of the time limit stated in 
subsection 1 and the personal representative failed to require the payee to give 
adequate security for the refund of any of the payment necessary to pay other 
claimants; or
b. The payment was made, due to the negligence or willful fault of the personal 
representative, in such manner as to deprive the injured claimant of the injured 
claimant's priority.

‹ Prev All North Dakota sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.