Section 1805. Determination of issues arising between representative and the estate; suspension of statute of limitations in certain cases 1  


Latest version.
  • A fiduciary shall not pay out of the property of the decedent  any
      debt alleged to be owing to him by the decedent until proved and allowed
      by  the  court  in  the  proceeding  for  the judicial settlement of his
      account.  Where a contest arises between the accounting party and any of
      the other parties respecting property alleged to belong  to  the  estate
      which  the  accounting  party  claims  individually or respecting a debt
      alleged to be due by the accounting party to  the  decedent  or  by  the
      decedent  to  the  accounting  party,  the  contest  must  be  tried and
      determined in the same manner as any other issue arising in the court.
        2.   Notwithstanding the provisions of  the  preceding  subdivision  a
      fiduciary  at  any  time  may present a petition for permission to pay a
      debt alleged to be owing  to  him  by  the  decedent.    The  court  may
      authorize  such  payment  by  ex parte order upon such protection to the
      estate as it deems proper or may require notice of the application to be
      given to such persons and in such manner as it directs.
        3.  From the death of the decedent until the first judicial settlement
      of the  account  of  the  fiduciary,  the  running  of  the  statute  of
      limitations  against  a debt owing to him from the decedent or any other
      cause of action in his favor against the decedent is  suspended,  unless
      the  fiduciary  was appointed on the revocation of former letters issued
      to another person, in which case  the  running  of  the  statute  is  so
      suspended  from  the issuance of letters to him until the first judicial
      settlement of his account.  After the first judicial settlement  of  the
      account  of  a  fiduciary the statute of limitations begins to run again
      against a debt due to him from the decedent or any other cause of action
      in his favor against the decedent.