Legal Question in Wills and Trusts in New York

Re: decedent's creditors

Under NY SCPA 1803,

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 if a notice has been published pursuant to 1801, [FN1] at the place specified therein 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.

Mike.

Re: decedent's creditors

Michael cites the law involved. I have a few questions and comments that may provide a difference from his response.

Did the Administrator publish a Notice to Creditors? If not, unsecurred creditors may not know on whom to serve the claim. Also, if the claim is based on a lien or judgment (mortgage or Court Judgment for example) it automatically attaches the the decedent's probate property and can be enforced beyond the statute. Also, and you should check this as to NY law, the unsecurred claim may not be enforceable against the Administrator, if presented beyond the statutory period, and the creditor may still have a valid claim, but may be required to pursue it against the heirs of the estate.