15-3-811. COUNTERCLAIMS. In allowing a claim the personal representative may deduct any counterclaim which the estate has against the claimant. In determining a claim against an estate a court shall reduce the amount allowed by the amount of any counterclaims and, if the counterclaims exceed the claim, render a judgment against the claimant in the amount of the excess. A counterclaim, liquidated or unliquidated, may arise from a transaction other than that upon which the claim is based. A counterclaim may give rise to relief exceeding in amount or different in kind from that sought in the claim.
History:
[I.C., sec. 15-3-811, 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.