In a probate action, the plaintiff is to file a statement of claim and deliver it to a defendant –

(a) if that defendant has filed a notice of appearance, within 28 days after the filing and service of that notice of appearance or within 8 days after that defendant filing an affidavit of testamentary scripts, whichever is the later; or

(b) in any other case, within 28 days after the expiration of the period limited for appearing.