1. A. If a claim which will become due at a future time or if 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.

2. 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 district court, may provide for payment as follows:

   1. (1) if the claimant consents, he may be paid the present or agreed value of the claim, taking any uncertainty into account; or
   2. (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: 1953 Comp., § 32A-3-810, enacted by Laws 1975, ch. 257, § 3-810.

ANNOTATIONS

Am. Jur. 2d, A.L.R. and C.J.S. references. — Action on contingent claim, presentation of claim as condition precedent, 34 A.L.R. 372.

Claim on decedent's contract of guarantyship, suretyship or endorsement, as contingent, 94 A.L.R. 1155.

Tort claim as within nonclaim statutes, 22 A.L.R.3d 493.

34 C.J.S. Executors and Administrators § 377.