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IN RE ESTATE OF ELKEN

No. 20060331.

735 N.W.2d 842 (2007)

2007 ND 107

In the Matter of the ESTATE OF Gilbert ELKEN, Jr., Deceased. Lorry Larson, Petitioner and Appellant v. Mark Fraase, Personal Representative of the Estate of Gilbert Elken, Jr., Respondent and Appellee.

Supreme Court of North Dakota.

July 2, 2007.

Attorney(s) appearing for the Case

Brett A. Brudvik (argued), Sara K. Sorenson (appeared) and William J. Brudvik (on brief), Ohnstad Twichell, P.C., Mayville, N.D., for petitioner and appellant.

Bruce H. Carlson, McNair, Larson & Carlson, Ltd., Fargo, N.D., for respondent and appellee.

CROTHERS, Justice.

[¶ 1] Lorry Larson appeals from a district court order denying his claims against the estate of Gilbert Elken, Jr. We conclude the district court misapplied the law in deciding Larson's claims against the estate were untimely because he was not a reasonably ascertainable creditor under N.D.C.C. § 30.1-19-01. We hold Larson was a reasonably ascertainable creditor, and we remand for further proceedings on his claims.

I

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