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Do I have to file a claim with surrogates court AND the fiduciary/executor of the estate? Or do I just start with the fiduciary?

Brooklyn, NY |

As a creditor of a deceased, I am trying to file a claim against the estate. Do I have to file a claim with surrogates court AND the fiduciary/executor of the estate? Or do I just start with the fiduciary, and if they contest the claim, then file with the court? Or, do I just file with the court?

Attorney Answers 3


An answer to your questions is that you can begin by reading the sections of Article 18 of the Surrogate's Court Procedure Act that apply. Then you can determine whether you can handle your claim pro se or hire an attorney to represent you. - Ian W. MacLean

This is not legal advice. If you would like legal advice, please contact the firm. The firm offers legal advice only to clients who have retained the firm in writing. New York ethics rules for attorneys and the rules of the Appellate Division require an written engagement letter or retainer agreement for all matters anticipated to exceed $3,000 in legal fees.

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Mr. Maclean gives you good advice. Section 1803(2) of the Surrogate's Court Procedure Act provides: 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, 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."

Good luck to you.

Michael S. Haber is a New York attorney. As such, his responses to posted inquiries, such as the one above, are limited to his understanding of law in the jurisdiction in which he practices and not to any other jurisdiction. In addition, no response to any posted inquiry should be deemed to constitute legal advice, nor to constitute the existence of an attorney/client or other contractual or fiduciary relationship, inasmuch as rendering legal advice involves the ability of the attorney to ask appropriate questions of the person seeking such advice and to thus gather appropriate information. In addition, an attorney/client relationship is formed only by specific agreement. The purpose of this answer is to provide the questioner with general information, not to outline specific legal rights and remedies.

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I would serve on fiduciary and the surrogate's court as there is no penalty for a belts and suspenders approach.

My answer is not intended to be giving legal advice and this topic can be a complex area where the advice of a licensed attorney in your State should be obtained. Please click "helpful" or "best answer" if my answer added any value or add a "comment" if you have more info for me to help you get a better answer.

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