SCPA 1803 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 1802 Effect of failure to present claim If any claim is not presented within 7 months from the date of issue of letters, the fiduciary shall n... up ARTICLE 18 Claims; Payment of Debts and Funeral Expenses next SECTION 1804 Contingent or unliquidated claims; retention of assets for estate taxes 1 Viewing most recent revision (from 2019-11-22) View historical revision as of: -- Choose a Date -- 2019-11-22 2014-09-22 Share Facebook Email SECTION 1803 Form and verification of claims; service of notice 1 Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 18 § 1803. Form and verification of claims; service of notice 1. Every claim against the estate of a decedent other than claims for expenses of administration and claims of the United States or the state of New York must be in writing, contain a statement of the facts upon which it is based and the amount thereof. In addition the fiduciary may require the claimant to present proof by affidavit that the amount of the claim is justly due, that all payments thereon, if any, have been credited, that the claimant knows of no offsets and no evidence of indebtedness and holds no security, except as specifically described in the affidavit. 2. The notice of claim required by this section shall be presented by delivering a copy thereof to a fiduciary personally or by certified mail return receipt requested addressed to the fiduciary at the place of residence stated in the designation required by 708 or upon the clerk of the court pursuant to the designation required under 708 whenever the fiduciary cannot be found or served within the state after due diligence. 3. No claimant shall be entitled to enforce payment of a claim in any proceeding in the court unless the claim be presented in accordance with the provisions of this section or unless it shall be based upon a decree or order of the court or a valid judgment rendered by a court of competent jurisdiction.