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?

Asked 9 months ago - 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)

  1. 4

    Lawyers agree

    Answered . 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... more
  2. 3

    Lawyers agree

    Answered . 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... more
  3. 2

    Lawyers agree

    Answered . 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... more

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