Section 1808. Effect of rejection of claim by fiduciary 1  


Latest version.
  • Except as otherwise provided in 1810, whenever a fiduciary rejects
      a claim in whole or in part all issues  relating  to  the  validity  and
      enforceability  of  the  claim  shall  be  tried and determined upon the
      judicial settlement of his account.
        2. The account of the fiduciary shall list all claims rejected by  him
      in whole or in part and the reason for their rejection.
        3.  Service of the notice required by 1806 shall be completed prior to
      the filing of any account reporting a rejected claim.
        4. Any claimant adversely affected may within 8 days from  the  return
      of process serve and file objections to the account together with a copy
      of  his  notice  of  claim  and  any supporting affidavit filed with the
      fiduciary. If the fiduciary shall raise any affirmative defense  to  the
      claim  that is not set forth in his account, he shall within 5 days from
      the service upon him of a copy of the objections serve and file a  reply
      to  the  objections  setting  forth  the affirmative defense. Any person
      whose interests in the estate may be adversely affected by the allowance
      of the claim may within 8 days  from  the  filing  of  objections  by  a
      claimant  serve  and  file  a  reply to the objections setting forth any
      defense to the claim not set forth in the account.
        5. Where one whose claim  has  been  rejected  by  the  fiduciary  has
      petitioned  for  a  compulsory  judicial  settlement  of his account the
      fiduciary may in his answer to the petition show the  condition  of  the
      estate and all facts relating to the rejection of the claim and pray for
      a judicial determination of the validity and enforceability of the claim
      as  a  preliminary  step  in  the  accounting  proceeding. The court may
      thereupon determine the claim and all issues relating thereto  and  make
      such direction for its payment as justice shall require.
        6.  With  respect  to any limitation of time within which an action or
      proceeding may be brought and with respect to examinations before trial,
      bills of particulars and disclosure generally,  the  presentation  of  a
      claim  as  provided in 1803 shall be deemed the institution of a special
      proceeding for the collection of the claim.