Nonclaim Statute – sets a time limit for creditors to bring claims against a decedent’s estate; usually not subject to toiling and not waivable

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nonclaim statute:
(18c)

1. STATUTE OF LIMITATIONS.

2. A law that sets a time limit for creditors to bring claims against a decedent’s estate.  *  Unlike a statute of limitations, a nonclaim statute is usually not subject to toiling and is not waivable. — aka (in sense 2) statute of repose. [1]

1. A special statute of limitation on claims against a decedent’s estate, providing, in general, that where a claim has been rejected or disallowed by the executor or administrator, the claimant must bring suit on it within a designated time, under penalty that otherwise the claim may be forever barred. 31 Am J2d Ex & Ad § 926.

A statute requiring the presentation of a claim on the obligation of one since deceased to his executor or administrator, within a period of time prescribed by the statute, following the appointment of the executor or administrator.  31 Am J2d Ex & Ad § 270. [2]

References:

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[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4

[2]: Ballantine’s Law Dictionary with Pronunciations
Third Edition
 by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

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