HSB 182

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.