EPTL 13-1.2 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 13-1.1 Certain assets considered personal property up PART 1 Assets of Decedent's Estate next SECTION 13-1.3 Assets chargeable with payment of estate obligations; order in Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 13-1.2 Assets; debt due from executor to testator; effect of discharge Estates, Powers & Trusts (EPT) CHAPTER 17-B, ARTICLE 13, PART 1 § 13-1.2 Assets; debt due from executor to testator; effect of discharge by will The designation by will of a person as executor does not operate as a discharge or testamentary disposition of any just claim which the testator had against him, but such claim must be included as an asset of the estate. The executor is liable for the value of the claim when it becomes due, and he must apply and distribute the same in the course of administering the estate. The discharge or disposition of such a claim or of a claim against any other person by will shall be treated as a specific disposition for purposes of 13-1.3. Nothing contained herein precludes an executor from raising any defense to a claim by the estate against him which would be available to any other person against whom the estate has a claim.