Relating to the denial and contest of probate claims

This bill amends the probate code relating to the denial and contest of claims and counterclaims. The bill provides that for general denials of claims when a claim has been filed, but not admitted in writing by a personal representative before a hearing request, the claim is considered as generally denied by the personal representative.443. The bill provides that the personal representative shall file a pre-answer motion or answer to a claim within days of the filing of the request for hearing on a claim in the same manner as though the claim was a petition filed in an ordinary action. The bill provides that if the amount of the claim exceeds the small claims court jurisdictional amount ($6,500 for actions commenced on or after July 1, 2018), either party is entitled to a jury trial if a written demand is made. Under current law, either party is entitled to a jury trial if the amount of the claim exceeds $300. The bill provides that a judgment against any interested party may be deducted from any amounts owed by the estate to the interested party.