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This entry was published on 2019-11-22
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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

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.