*237OPINION
By the Court,
We have before us two appeals which have been consolidated since each evolves from litigation commenced by Joseph and Sally Camilleri against Carl Needham, Carl Needham, Inc., and John Bonsignore. During the pendency of that action, the plaintiff Sally Camilleri and the defendant Carl Needham died. Virginia Rita Strock, administratrix of Sally Camilleri’s estate, and Mary Imogene Needham, executrix of Carl Needham’s estate, were substituted as parties. The cause proceeded, and the district court favored the plaintiffs with judgment and awarded them damages of $17,334.95 jointly and severally against Carl Needham, Inc., Mary Imogene Needham, as executrix of the estate of Carl Needham, deceased, and John Bonsignore. The court also awarded punitive damages of $1,000 against Bon-signore.1 A creditor’s claim was not filed in the Needham estate proceeding.
The appeal in case No. 7581 is from the judgment in the action commenced by the Camilleris. It is contended that there was insufficient evidence to support judgment against Carl Needham, Inc.; that error was committed when the court denied the motion of the executrix of Carl Needham’s estate to continue the trial; and, that the judgment against the executrix is ineffective and unenforceable since a creditor’s claim was not filed in the Needham estate proceeding.
The appeal in case No. 7629 is from the order settling the final account and decreeing distribution of the Needham estate without providing for payment of the judgment against the executrix, since a creditor’s claim was not filed.
*238We consider it unnecessary to detail the facts which gave birth to the Camilleri law suit. It is sufficient simply to note that Carl Needham and John Bonsignore, real estate agents for Carl Needham, Inc., sold a motel to the Camilleris without disclosing to them that the property was heavily encumbered. The district court found that such conduct was in breach of a fiduciary duty to the Camilleris, was negligence, and also a constructive fraud. Consequently, that court awarded out-of-pocket damages. Each finding is supported by substantial evidence. Neither does the record disclose an abuse of discretion in denying continuance of the trial. Accordingly, we summarily reject the first two contentions tendered by the appeal in case No. 7581.
We must, however, consider and resolve a point of law common to each appeal, to-wit: Whether the failure of the Camil-leris to file a claim in the Needham estate precludes enforcement of their judgment.
1. NRS 147.100 reads: “If an action be pending against the deceased at the time of his or her death, the plaintiff, in like manner, shall file his claim with the clerk, and no recovery shall be held in the action unless proof be made of such filing.” We presume that the phrase “in like manner” refers not only to the form of such claim (NRS 147.070) but, as well, to the time within which one having a claim against the deceased must file it (NRS 147.040).2
*239A claim in the form contemplated by NRS 147.070 was not filed in this case. Carl Needham died on July 8, 1972. Mary Imogene Needham was appointed executrix of his estate on July 28, 1972. Notice to creditors first was published on July 29, 1972. The time for filing claims expired three months later on October 29, 1972. Before that time had run, Mary Imogene Needham, as executrix, was on October 12, 1972, substituted as a party defendant for the deceased. NRCP 25 (a).
When an action has not proceeded to final judgment, and where, within the time allowed for the filing of claims, the personal representative of a deceased party is substituted in his place in pending litigation, the statutory requirement for filing a claim is satisfied. In re Brennan, 4 P. 561 (Cal. 1884); Lewis v. O’Brien, 56 Cal.Rptr. 749 (Dist.Ct.App. 1967). At least, such is the California view under Probate Code 709 identical in wording to NRS 147.100. We approve that view. After all, “the estate had its day in court.” Guaranty Trust Co. v. Scoon, 256 P. 74 (Wash. 1927). The claim against the estate is timely since the executrix was substituted as a party to the pending litigation before the time for filing creditor’s claims had run. And, the information to be gathered by adherence to NRS 147.070 was fully supplied to the estate by the evidence received during the trial of the pending matter. Indeed, in the instant estate matter when the executrix filed her first accounting she observed that the estate was not in a condition to finally be closed because of pending litigation against the deceased.
Accordingly, in case No. 7581 we affirm the judgment for damages against Carl Needham, Inc., and hold that the judgment against the executrix of the estate of Carl Needham is enforceable; and, in case No. 7629 we reverse the order settling the final account and decreeing distribution of the Needham Estate in so far as it did not provide for payment of the Camil-leri judgment, and direct the district court to allow a certified copy of that judgment to be filed in the estate proceeding in accordance with NRS 147.200.
Gunderson, C. J., and Batjer, Zenoff, and Mowbray, JJ., concur.