reglab/housing_qa huggingface dataset:
ID Code § 15-3-804 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION|Part 8 - CREDITORS’ CLAIMS|Section 15-3-804 - MANNER OF PRESENTATION OF CLAIMS.

15-3-804. MANNER OF PRESENTATION OF CLAIMS. Claims against a decedent’s estate may be presented as follows: (a) The claimant shall deliver or mail to the personal representative a written statement of the claim indicating its basis, the name and address of the claimant, and the amount claimed, and file a written statement of the claim, in the form prescribed by rule, with the clerk of the court. The claim is deemed presented on the last to occur of: (1) delivery or mailing of the written statement of claim to the personal representative; or, (2) the filing of the claim with the court. If a claim is not yet due, the date when it will become due shall be stated. If the claim is contingent or unliquidated, the nature of the uncertainty shall be stated. If the claim is secured, the security shall be described. Failure to describe correctly the security, the nature of any uncertainty, and the due date of a claim not yet due does not invalidate the presentation made. (b) The claimant may commence a proceeding against the personal representative in any court where the personal representative may be subjected to jurisdiction, to obtain payment of his claim against the estate, but the commencement of the proceeding must occur within the time limited for presenting the claim. No presentation of claim is required in regard to matters claimed in proceedings against the decedent which were pending at the time of his death. (c) If a claim is presented under subsection (a) of this section, no proceeding thereon may be commenced more than sixty (60) days after the personal representative has mailed a notice of disallowance; but, in the case of a claim which is not presently due or which is contingent or unliquidated, the personal representative may consent to an extension of the sixty (60) day period, or to avoid injustice the court, on petition, may order an extension of the sixty (60) day period, but in no event shall the extension run beyond the applicable statute of limitations.  History: [15-3-804, as added by 1971, ch. 111, sec. 1, p. 233; am. 1992, ch. 240, sec. 1, p. 712; am. 2004, ch. 124, sec. 1, p. 416.]
ID Code § 15-3-805 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION|Part 8 - CREDITORS’ CLAIMS|Section 15-3-805 - CLASSIFICATION OF CLAIMS.

15-3-805. CLASSIFICATION OF CLAIMS. (a) If the applicable assets of the estate are insufficient to pay all claims in full, the personal representative shall make payment in the following order: (1) costs and expenses of administration; (2) reasonable funeral expenses; (3) debts and taxes with preference under federal law; (4) reasonable and necessary medical and hospital expenses of the last illness of the decedent, including compensation of persons attending him; (5) debts and taxes with preference under other laws of this state; (6) all other claims. (b) No preference shall be given in the payment of any claim over any other claim of the same class, and a claim due and payable shall not be entitled to a preference over claims not due.  History: [I.C., sec. 15-3-805, as added by 1971, ch. 111, sec. 1, p. 233; am. 1973, ch. 167, sec. 13, p. 319.]
ID Code § 15-3-806 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION|Part 8 - CREDITORS’ CLAIMS|Section 15-3-806 - ALLOWANCE OF CLAIMS.

15-3-806. ALLOWANCE OF CLAIMS. (a) As to claims presented in the manner described in section 15-3-804(a) of this Part within the time limit prescribed in 15-3-803 of this Part, the personal representative may mail a notice to any claimant stating that the claim has been disallowed. If, after allowing or disallowing a claim, the personal representative changes his decision concerning the claim, he shall notify the claimant. The personal representative may not change a disallowance of a claim after the time for the claimant to file a petition for allowance or to commence a proceeding on the claim has run and the claim has been barred. Every claim which is disallowed in whole or in part by the personal representative is barred so far as not allowed unless the claimant files a petition for allowance in the court or commences a proceeding against the personal representative not later than sixty (60) days after the mailing of the notice of disallowance or partial allowance if the notice warns the claimant of the impending bar. Failure of the personal representative to mail notice to a claimant of action on his claim for sixty (60) days after the time for original presentation of the claim has expired has the effect of a notice of allowance. (b) Upon the petition of the personal representative or of a claimant in a proceeding for the purpose, the court may allow in whole or in part any claim or claims presented to the personal representative or filed with the clerk of the court in due time and not barred by subsection (a) of this section. Notice in this proceeding shall be given to the claimant, the personal representative and those other persons interested in the estate as the court may direct by order entered at the time the proceeding is commenced. (c) A judgment in a proceeding in another court against a personal representative to enforce a claim against a decedent’s estate is an allowance of the claim. (d) Unless otherwise provided in any judgment in another court entered against the personal representative, allowed claims bear interest at the legal rate for the period commencing sixty (60) days after the time for original presentation of the claim has expired unless based on a contract making a provision for interest, in which case they bear interest in accordance with that provision.  History: [I.C., sec. 15-3-806, as added by 1971, ch. 111, sec. 1, p. 233; am. 1974, ch. 199, sec. 3, p. 1516.]
ID Code § 15-3-807 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION|Part 8 - CREDITORS’ CLAIMS|Section 15-3-807 - PAYMENT OF CLAIMS.

15-3-807. PAYMENT OF CLAIMS. (a) Upon the expiration of the earlier of the time limitations provided in section 15-3-803, Idaho Code, for the presentation of claims, 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 that 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 duly allowed but not paid may secure an order directing the personal representative to pay the claim to the extent funds of the estate are available to pay it. (b) The personal representative at any time may pay any just claim that has not been barred, with or without formal presentation, but he is personally liable to any other claimant whose claim is allowed and who is injured by its payment if: (1) payment was made before the expiration of the time limit stated in subsection (a) of this section 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 (2) payment was made, due to negligence or wilful fault of the personal representative, in such manner as to deprive the injured claimant of priority.  History: [I.C., sec. 15-3-807, as added by 1971, ch. 111, sec. 1, p. 233; am. 1991, ch. 87, sec. 5, p. 194.]
ID Code § 15-3-808 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION|Part 8 - CREDITORS’ CLAIMS|Section 15-3-808 - INDIVIDUAL LIABILITY OF PERSONAL REPRESENTATIVE.

15-3-808. INDIVIDUAL LIABILITY OF PERSONAL REPRESENTATIVE. (a) Unless otherwise provided in the contract, a personal representative is not individually liable on a contract properly entered into in his fiduciary capacity in the course of administration of the estate unless he fails to reveal his representative capacity and identify the estate in the contract. (b) A personal representative is individually liable for obligations arising from ownership or control of the estate or for torts committed in the course of administration of the estate only if he is personally at fault. (c) Claims based on contracts entered into by a personal representative in his fiduciary capacity, on obligations arising from ownership or control of the estate or on torts committed in the course of estate administration may be asserted against the estate by proceeding against the personal representative in his fiduciary capacity, whether or not the personal representative is individually liable therefor. (d) Issues of liability as between the estate and the personal representative individually may be determined in a proceeding for accounting, surcharge or indemnification or other appropriate proceeding.  History: [I.C., sec. 15-3-808, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-3-809 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION|Part 8 - CREDITORS’ CLAIMS|Section 15-3-809 - SECURED CLAIMS.

15-3-809. SECURED CLAIMS. Payment of a secured claim is upon the basis of the amount allowed if the creditor surrenders his security; otherwise payment is upon the basis of one of the following: (a) If the creditor exhausts his security before receiving payment, unless precluded by other law upon the amount of the claim allowed less the fair value of the security; or (b) If the creditor does not have the right to exhaust his security or has not done so, upon the amount of the claim allowed less the value of the security determined by converting it into money according to the terms of the agreement pursuant to which the security was delivered to the creditor, or by the creditor and personal representative by agreement, arbitration, compromise or litigation.  History: [I.C., sec. 15-3-809, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-3-810 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION|Part 8 - CREDITORS’ CLAIMS|Section 15-3-810 - CLAIMS NOT DUE AND CONTINGENT OR UNLIQUIDATED CLAIMS.

15-3-810. CLAIMS NOT DUE AND CONTINGENT OR UNLIQUIDATED CLAIMS. (a) If a claim which will become due at a future time or a contingent or unliquidated claim becomes due or certain before the distribution of the estate, and if the claim has been allowed or established by a proceeding, it is paid in the same manner as presently due and absolute claims of the same class. (b) In other cases the personal representative or, on petition of the personal representative or the claimant in a special proceeding for the purpose, the court may provide for payment as follows: (1) if the claimant consents, he may be paid the present or agreed value of the claim, taking any uncertainty into account; (2) arrangement for future payment, or possible payment, on the happening of the contingency or on liquidation may be made by creating a trust, giving a mortgage, obtaining a bond or security from a distributee, or otherwise.  History: [I.C., sec. 15-3-810, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-3-811 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION|Part 8 - CREDITORS’ CLAIMS|Section 15-3-811 - COUNTERCLAIMS.

15-3-811. COUNTERCLAIMS. In allowing a claim the personal representative may deduct any counterclaim which the estate has against the claimant. In determining a claim against an estate a court shall reduce the amount allowed by the amount of any counterclaims and, if the counterclaims exceed the claim, render a judgment against the claimant in the amount of the excess. A counterclaim, liquidated or unliquidated, may arise from a transaction other than that upon which the claim is based. A counterclaim may give rise to relief exceeding in amount or different in kind from that sought in the claim.  History: [I.C., sec. 15-3-811, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-3-812 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION|Part 8 - CREDITORS’ CLAIMS|Section 15-3-812 - EXECUTION AND LEVIES PROHIBITED.

15-3-812. EXECUTION AND LEVIES PROHIBITED. No execution may issue upon nor may any levy be made against any property of the estate under any judgment against a decedent or a personal representative, but this section shall not be construed to prevent the enforcement of mortgages, pledges or liens upon real or personal property in an appropriate proceeding.  History: [I.C., sec. 15-3-812, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-3-813 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION|Part 8 - CREDITORS’ CLAIMS|Section 15-3-813 - COMPROMISE OF CLAIMS.

15-3-813. COMPROMISE OF CLAIMS. When a claim against the estate has been presented in any manner, the personal representative may, if it appears for the best interest of the estate, compromise the claim, whether due or not due, absolute or contingent, liquidated or unliquidated.  History: [I.C., sec. 15-3-813, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-3-814 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION|Part 8 - CREDITORS’ CLAIMS|Section 15-3-814 - ENCUMBERED ASSETS.

15-3-814. ENCUMBERED ASSETS. If any assets of the estate are encumbered by mortgage, pledge, lien, or other security interest, the personal representative may pay the encumbrance or any part thereof, renew or extend any obligation secured by the encumbrance or convey or transfer the assets to the creditor in satisfaction of his lien, in whole or in part, whether or not the holder of the encumbrance has presented a claim, if it appears to be for the best interest of the estate. Payment of an encumbrance does not increase the share of the distributee entitled to the encumbered assets unless the distributee is entitled to exoneration.  History: [I.C., sec. 15-3-814, as added by 1971, ch. 111, sec. 1, p. 233; am. 1978, ch. 350, sec. 13, p. 922.]
ID Code § 15-3-815 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION|Part 8 - CREDITORS’ CLAIMS|Section 15-3-815 - ADMINISTRATION IN MORE THAN ONE STATE — DUTY OF PERSONAL REPRESENTATIVE.

15-3-815. ADMINISTRATION IN MORE THAN ONE STATE — DUTY OF PERSONAL REPRESENTATIVE. (a) All assets of estates being administered in this state are subject to all claims, allowances and charges existing or established against the personal representative wherever appointed. (b) If the estate either in this state or as a whole is insufficient to cover all family exemptions and allowances determined by the law of the decedent’s domicile, prior charges and claims, after satisfaction of the exemptions, allowances and charges, each claimant whose claim has been allowed either in this state or elsewhere in administrations of which the personal representative is aware, is entitled to receive payment of an equal proportion of his claim. If a preference or security in regard to a claim is allowed in another jurisdiction but not in this state, the creditor so benefited is to receive dividends from local assets only upon the balance of his claim after deducting the amount of the benefit. (c) In case the family exemptions and allowances, prior charges and claims of the entire estate exceed the total value of the portions of the estate being administered separately and this state is not the state of the decedent’s last domicile, the claims allowed in this state shall be paid their proportion if local assets are adequate for the purpose, and the balance of local assets shall be transferred to the domiciliary personal representative. If local assets are not sufficient to pay all claims allowed in this state the amount to which they are entitled, local assets shall be marshalled so that each claim allowed in this state is paid its proportion as far as possible, after taking into account all dividends on claims allowed in this state from assets in other jurisdictions.  History: [I.C., sec. 15-3-815, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-3-816 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION|Part 8 - CREDITORS’ CLAIMS|Section 15-3-816 - FINAL DISTRIBUTION TO DOMICILIARY REPRESENTATIVE.

15-3-816. FINAL DISTRIBUTION TO DOMICILIARY REPRESENTATIVE. The estate of a non-resident decedent being administered by a personal representative appointed in this state shall, if there is a personal representative of the decedent’s domicile willing to receive it, be distributed to the domiciliary personal representative for the benefit of the successors of the decedent unless (1) by virtue of the decedent’s will, if any, and applicable choice of law rules, the successors are identified pursuant to the local law of this state without reference to the local law of the decedent’s domicile; (2) the personal representative of this state, after reasonable inquiry, is unaware of the existence or identity of a domiciliary personal representative; or (3) the court orders otherwise in a proceeding for a closing order under section 15-3-1001 of this code or incident to the closing of a supervised administration. In other cases, distribution of the estate of a decedent shall be made in accordance with the other Parts of this chapter.  History: [I.C., sec. 15-3-816, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-3-817 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION|Part 8 - CREDITORS’ CLAIMS|Section 15-3-817 - COMMUNITY ESTATES.

15-3-817. COMMUNITY ESTATES. If a community estate is administered as if each decedent survived the other because of application of the simultaneous death act, section 15-2-104 and section 15-2-601 of this code, or the provisions of a will, community debts will be charged ratably to each half of the community estate and separate debts to the estate of the decedent by whom they were incurred.  History: [I.C., sec. 15-3-817, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-3-901 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION|Part 9 - SPECIAL PROVISIONS RELATING TO DISTRIBUTION|Section 15-3-901 - SUCCESSORS’ RIGHTS IF NO ADMINISTRATION.

15-3-901. SUCCESSORS’ RIGHTS IF NO ADMINISTRATION. In the absence of administration, the heirs and devisees are entitled to the estate in accordance with the terms of a probated will or the laws of intestate succession. Devisees may establish title by the probated will to devised property. Persons entitled to property by homestead allowance, exemption or intestacy may establish title thereto by proof of the decedent’s ownership, his death, and their relationship to the decedent. Successors take subject to all charges incident to administration, including the claims of creditors and allowances of surviving spouse and dependent children, and subject to the rights of others resulting from abatement, retainer, advancement, and ademption.  History: [I.C., sec. 15-3-901, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-3-902 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION|Part 9 - SPECIAL PROVISIONS RELATING TO DISTRIBUTION|Section 15-3-902 - DISTRIBUTION — ORDER IN WHICH ASSETS APPROPRIATED — ABATEMENT.

15-3-902. DISTRIBUTION — ORDER IN WHICH ASSETS APPROPRIATED — ABATEMENT. (a) Except as provided in subsection (b) and except as provided in connection with the share of the surviving spouse who elects to take an elective share, shares of distributees abate, without any preference or priority as between real and personal property, in the following order: (1) property not disposed of by the will; (2) residuary devises; (3) general devises; (4) specific devises. For purposes of abatement, a general devise charged on any specific property or fund is a specific devise to the extent of the value of the property on which it is charged, and upon the failure or insufficiency of the property on which it is charged, a general devise to the extent of the failure or insufficiency. Abatement within each classification is in proportion to the amounts of property each of the beneficiaries would have received if full distribution of the property had been made in accordance with the terms of the will. (b) If the will expresses an order of abatement, or if the testamentary plan or the express or implied purpose of the devise would be defeated by the order of abatement stated in subsection (a) of this section, the shares of the distributees abate as may be found necessary to give effect to the intention of the testator. (c) If an estate of a decedent consists partly of separate property and partly of community property, community debts shall be charged to community property and separate debts to separate property. Expenses of administration shall be apportioned and charged against the different kinds of property in proportion to the relative value thereof, except that none of such expenses shall be apportioned or charged to the survivor’s share of the community property. (d) If the subject of a preferred devise is sold or used incident to administration, abatement shall be achieved by appropriate adjustments in, or contribution from, other interests in the remaining assets.  History: [I.C., sec. 15-3-902, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-3-903 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION|Part 9 - SPECIAL PROVISIONS RELATING TO DISTRIBUTION|Section 15-3-903 - RIGHT OF RETAINER.

15-3-903. RIGHT OF RETAINER. The amount of a non-contingent indebtedness of a successor to the estate if due, or its present value if not due, shall be offset against the successor’s interest; but the successor has the benefit of any defense which would be available to him in a direct proceeding for recovery of the debt.  History: [I.C., sec. 15-3-903, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-3-904 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION|Part 9 - SPECIAL PROVISIONS RELATING TO DISTRIBUTION|Section 15-3-904 - INTEREST ON GENERAL PECUNIARY DEVISE.

15-3-904. INTEREST ON GENERAL PECUNIARY DEVISE. General pecuniary devises bear interest at the legal rate beginning one (1) year after the first appointment of a personal representative until payment, unless a contrary intent is indicated by the will.  History: [I.C., sec. 15-3-904, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-3-905 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION|Part 9 - SPECIAL PROVISIONS RELATING TO DISTRIBUTION|Section 15-3-905 - PENALTY CLAUSE FOR CONTEST.

15-3-905. PENALTY CLAUSE FOR CONTEST. A provision in a will purporting to penalize any interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable if probable cause exists for instituting proceedings.  History: [I.C., sec. 15-3-905, as added by 1971, ch. 111, sec. 1, p. 233.]