Payment of claim not legally presented; effect; allowance in personal representative's account

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3B:22-6. Payment of claim not legally presented; effect; allowance in personal representative's account

If a personal representative in good faith pays a claim presented to him which is not verified as required, and, on or before final accounting, it is proved to the court or surrogate that the claim was owed by the decedent and was a just claim against the estate, the court shall allow in the personal representative's account the full amount of the claim if the estate is sufficient to pay the debts of equal degree with the claim in full. If the estate is not sufficient for that purpose, he shall be allowed the pro rata amount the creditor would have been entitled to receive if the claim had been presented verified as required.

L.1981, c. 405, s. 3B:22-6, eff. May 1, 1982.


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