15-3-809. SECURED CLAIMS. Payment of a secured claim is upon the basis of the amount allowed if the creditor surrenders his security; otherwise payment is upon the basis of one of the following:
(a) If the creditor exhausts his security before receiving payment, unless precluded by other law upon the amount of the claim allowed less the fair value of the security; or
(b) If the creditor does not have the right to exhaust his security or has not done so, upon the amount of the claim allowed less the value of the security determined by converting it into money according to the terms of the agreement pursuant to which the security was delivered to the creditor, or by the creditor and personal representative by agreement, arbitration, compromise or litigation.
History:
[I.C., sec. 15-3-809, as added by 1971, ch. 111, sec. 1, p. 233.]
Structure Idaho Code
Title 15 - UNIFORM PROBATE CODE
Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION
Section 15-3-801 - NOTICE TO CREDITORS.
Section 15-3-802 - STATUTES OF LIMITATIONS.
Section 15-3-803 - LIMITATIONS ON PRESENTATION OF CLAIMS.
Section 15-3-804 - MANNER OF PRESENTATION OF CLAIMS.
Section 15-3-805 - CLASSIFICATION OF CLAIMS.
Section 15-3-806 - ALLOWANCE OF CLAIMS.
Section 15-3-807 - PAYMENT OF CLAIMS.
Section 15-3-808 - INDIVIDUAL LIABILITY OF PERSONAL REPRESENTATIVE.
Section 15-3-809 - SECURED CLAIMS.
Section 15-3-810 - CLAIMS NOT DUE AND CONTINGENT OR UNLIQUIDATED CLAIMS.
Section 15-3-811 - COUNTERCLAIMS.
Section 15-3-812 - EXECUTION AND LEVIES PROHIBITED.
Section 15-3-813 - COMPROMISE OF CLAIMS.
Section 15-3-814 - ENCUMBERED ASSETS.
Section 15-3-815 - ADMINISTRATION IN MORE THAN ONE STATE — DUTY OF PERSONAL REPRESENTATIVE.
Section 15-3-816 - FINAL DISTRIBUTION TO DOMICILIARY REPRESENTATIVE.