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Within 60
days of the debts and demands hearing, or the last adjournment of the
hearing, if the hearing was not completed on the date of the initial hearing,
the Commissioner of Accounts is required to file a report with the Court
stating the debts or demands as appear to the Commissioner to have been
sufficiently proved, stating separately those of each class.
The statement
of debts by class has particular importance in the case of an insolvent
estate, where debts must be paid in accordance with the law for insolvent
estates (as discussed under the chapter on Inventories
and Accounts).
Often, if
the estate is solvent, and there are no disputed debts, no creditors will
appear at the hearing and the Commissioner will file his report stating
this.
If a party
to a debts and demands hearing believes that the Commissioner's determination
in connection with the hearing is erroneous, they may, within 15 days
of the filing of the Commissioner's report with the Court, file their
exceptions to the report stating the errors they believe the Commissioner
made in connection with the debts and demand hearing.
The exceptions
will be placed on the Court's docket for hearing before a judge of the
court, at which time the excepting party may present their evidence to
the court in support of the claim that the Commissioner's findings were
incorrect.
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personal representative should consider requesting a debts and demands
hearing even when there are no disputed claims. This procedure along
with the procedure for obtaining an order of distribution from the
court, will afford liability protection to the personal representative
regarding unknown creditor claims. |
Distribution
Proceedings - Purpose & Benefits >>>
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