Sec.
§
159.111
Recourse of claimant when claim rejected or not acted upon.
1.
If, not later than 60 days after the date the claim was presented to the guardian, a rejected claim is returned to the claimant or the guardian of the estate fails to approve or reject and return a claim, the claimant, before the claim is barred by the statute of limitations, may:
(a)
File a petition for approval of the rejected claim in the guardianship proceeding for summary determination by the court; or
(b)
Commence an action or suit on the claim against the guardian in the guardian’s fiduciary capacity and any judgment or decree obtained must be satisfied only from property of the protected person.
2.
If a claimant files a request for approval of a rejected claim or a like claim in the guardianship proceeding for summary determination, the claimant shall serve notice that he or she has filed such a request on the guardian.
3.
Not later than 20 days after the date of service, the guardian may serve notice of objection to summary determination on the claimant. If the guardian serves the claimant with notice and files a copy of the notice with the court, the court shall not enter a summary determination and the claimant may commence an action or suit on the claim against the guardian in the guardian’s fiduciary capacity as provided in subsection 1.
4.
If the guardian fails to serve the claimant with notice of objection to summary determination or file a copy of the notice with the court, the court shall:
(a)
Hear the matter and determine the claim or like claim in a summary manner; and
(b)
Enter an order allowing or rejecting the claim, either in whole or in part. No appeal may be taken from the order.