1. The Laws of New York
  2. Court Acts
  3. Surrogate's Court Procedure
  4. Article 18: Claims; Payment of Debts and Funeral Expenses


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...

Surrogate's Court Procedure Act (SCP)

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 not be chargeable for any assets or moneys that he may have paid in good faith in satisfaction of any lawful claims or of any legacies or distributions to the legatees or distributees of the decedent before such claim was presented. Such 7 month period shall begin on the date letters were first issued to any fiduciary, including a temporary administrator or a preliminary executor, and shall not be interrupted by any subsequent issue of letters, except that the time during which there is no fiduciary in office shall not be counted as part of such period.