EPTL 11-4.5 — Legislation
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SECTION 11-4.4
Commencement of action against personal representatives; rule
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PART 4
Procedural Aspects of Actions By or Against Personal Representatives
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SECTION 11-4.6
Leave to issue execution against personal representative; how
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SECTION 11-4.5
Want of assets not to be pleaded by personal representative
Estates, Powers & Trusts (EPT) CHAPTER 17-B, ARTICLE 11, PART 4
§ 11-4.5 Want of assets not to be pleaded by personal representative
In an action or proceeding against a personal representative, in his
representative capacity, in which the complaint demands judgment for a
sum of money, the non-existence or insufficiency of assets may not be
pleaded and the plaintiff's right of recovery is not affected thereby.