Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
Effect of rejection of claim by fiduciary 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 18
§ 1808. Effect of rejection of claim by fiduciary

1. Except as otherwise provided in 1810, whenever a fiduciary rejects
a claim in whole or in part all issues relating to the validity and
enforceability of the claim shall be tried and determined upon the
judicial settlement of his account.

2. The account of the fiduciary shall list all claims rejected by him
in whole or in part and the reason for their rejection.

3. Service of the notice required by 1806 shall be completed prior to
the filing of any account reporting a rejected claim.

4. Any claimant adversely affected may within 8 days from the return
of process serve and file objections to the account together with a copy
of his notice of claim and any supporting affidavit filed with the
fiduciary. If the fiduciary shall raise any affirmative defense to the
claim that is not set forth in his account, he shall within 5 days from
the service upon him of a copy of the objections serve and file a reply
to the objections setting forth the affirmative defense. Any person
whose interests in the estate may be adversely affected by the allowance
of the claim may within 8 days from the filing of objections by a
claimant serve and file a reply to the objections setting forth any
defense to the claim not set forth in the account.

5. Where one whose claim has been rejected by the fiduciary has
petitioned for a compulsory judicial settlement of his account the
fiduciary may in his answer to the petition show the condition of the
estate and all facts relating to the rejection of the claim and pray for
a judicial determination of the validity and enforceability of the claim
as a preliminary step in the accounting proceeding. The court may
thereupon determine the claim and all issues relating thereto and make
such direction for its payment as justice shall require.

6. With respect to any limitation of time within which an action or
proceeding may be brought and with respect to examinations before trial,
bills of particulars and disclosure generally, the presentation of a
claim as provided in 1803 shall be deemed the institution of a special
proceeding for the collection of the claim.