The statute providing for the filing of claims usually fixes a period of time within which the claims must be presented. The law declares that it is the duty of the executor, or administrator, to settle, dispose of, and close the estate and administration thereof within a fixed period. Claims against the estate may be filed at any time during the period named in the statute. If they are filed at the term of which notice has been given for the filing of such claims the court has jurisdiction to allow or disallow the claims without further notice to the executor or administrator.

(b) The law being desirous that the settlement of estates shall take place within a reasonable time after the decedent's death, it becomes mandatory that the statutes provide that the claims not presented or exhibited within the period provided bylaw shall be forever barred. It is, however, provided that the creditor shall still be entitled to payment of his claim if he can find assets which were not known or claimed within the period preceding the time at which he filed his claim. He must seek the payment of his claim from the assets of the subsequently discovered estate.4

(c) The filing of and the approval of the final account and the discharge of the administrator do not preclude a creditor's right to present his claim to the Probate Court, and to have such claim allowed. Although the administrator may have been discharged, a summons will be issued commanding him to appear in court to answer to the claim; and upon the claim being proved it must be paid. If it is presented before the expiration of the time limited for settling the estate, it will be paid during the due course of administration; if afterwards, then from the subsequently discovered assets.