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IN THE MATTER OF THE ESTATE OF TOLLISON10/30/1995
f Creditor Claims Against the Estate
First, we agree with the circuit court that the probate court erred in ordering partial payment of AAMC's claim against the estate. Section 62-3-803 is a nonclaim statute. See McCoy's. Inc. v. Garner, 281 S.C. 378, 315 S.E.2d 812 (Ct.App. 1984) (finding former section 21-15-640 a nonclaim statute). Thus, unless the statute is complied with, the creditor's claim is barred. Id. Because the Estate has not challenged the amount of AAMC's claim, the claim must be allowed in full or not at all. On appeal, the Estate argues the circuit court erred in finding AAMC timely presented its claim
The presentation of claims against an estate is governed by the probate code. Here, it is undisputed the relevant statutory time limit for the presentation of AAMC's claim was within eight months of the first publication of the Estate's notice to creditors which occurred on October 30, 1991. S.C. Code Ann. §§ 62-3-801(a), -803 (Supp. 1994).
As to the manner of presenting claims against an estate, S.C. Code Ann. § 62-3-804 (Supp. 1994) provides:
(1) The claimant may 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 must file a
written statement of the claim, in the form prescribed
by rule, with the clerk of the probate court. The
claim is deemed presented on the first to occur of
receipt of the written statement of claim by the
personal representative or the filing of the claim
with the court.
We agree with the circuit court that under a liberal construction of section 62-3-804, the bills AAMC mailed to the personal representative, through his attorney, constituted presentation of its claim against the estate within the meaning of the statute. See S.C. Code Ann. § 62-1-102(a) (1987) (providing the probate code "shall be liberally construed and applied to promote its underlying purposes and policies"). The bill included the basis of AAMC's claim (medical services rendered), the amount claimed ($193,199.21), and the name and address of the claimant. Under section 62-3-804, a claim is deemed presented upon the first to occur of receipt by the personal representative or filing with the court; therefore, AAMC's claim was presented when it was received by the personal representative's attorney in December of 1991, well within the eight month statutory claims period. Because AAMC later filed a written statement of its claim with the probate court on the prescribed form, both requirements of section 62-3-804 were met within the statutory period.
The Estate also complains the bills sent by AAMC did not constitute proper notice of a claim against the Estate because AAMC did not specifically intend the bills We find this argument to be without merit.
Section 62-3-804 does not specify a particular form for presentation of a claim to a personal representative, nor does the statute include an "intent" requirement. The claim met the statutory requirements by indicating the basis, claimant name and address, and the amount, and, as required, was subsequently filed with the clerk of the probate court. Moreover, it is undisputed the personal representative and his attorneys were aware of AAMC's claim against the Estate and used the amount of the claim in pursuing their wrongful death and survival claims and in ultimately negotiating settlement of those claims.
Accordingly, for the foregoing reasons, the decision of the circuit court is hereby
Affirmed.
SHAW and CONNOR, JJ., concur.
Page 1 2 South Carolina Personal Injury Attorneys
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