Legal Definitions - nonclaim statute

A nonclaim statute is 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 tolling and is not waivable. For example, if a person dies and leaves behind debts, the nonclaim statute sets a deadline for creditors to file a claim against the estate to collect the debts owed to them.

Example: In California, the nonclaim statute requires that creditors file their claims against the estate within four months after the executor or administrator of the estate gives notice of the decedent's death. If a creditor fails to file a claim within this time frame, they may lose their right to collect the debt from the estate.

This example illustrates how a nonclaim statute sets a deadline for creditors to file their claims against a decedent's estate. It also shows that the deadline is usually short and cannot be extended, which can be challenging for creditors who may not be aware of the decedent's death or the existence of the estate until after the deadline has passed.