STATE OF NEW YORK
________________________________________________________________________
7407
2019-2020 Regular Sessions
IN ASSEMBLY
May 1, 2019
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Introduced by M. of A. SCHIMMINGER -- read once and referred to the
Committee on Judiciary
AN ACT to amend the surrogate's court procedure act, in relation to
removing invalid references
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 1802 of the surrogate's court procedure act, as
2 amended by chapter 15 of the laws of 1970, is amended to read as
3 follows:
4 § 1802. Effect of failure to present claim
5 If any claim is not presented [on or before the day fixed in the
6 notice published pursuant to the preceding section or if no notice is so
7 published,] within 7 months from the date of issue of letters, the fidu-
8 ciary shall not be chargeable for any assets or moneys that he may have
9 paid in good faith in satisfaction of any lawful claims or of any lega-
10 cies or distributions to the legatees or distributees of the decedent
11 before such claim was presented. Such 7 month period shall begin on the
12 date letters were first issued to any fiduciary, including a temporary
13 administrator or a preliminary executor, and shall not be interrupted by
14 any subsequent issue of letters, except that the time during which there
15 is no fiduciary in office shall not be counted as part of such period.
16 § 2. Subdivision 2 of section 1803 of the surrogate's court procedure
17 act, as amended by chapter 514 of the laws of 1993, is amended to read
18 as follows:
19 2. The notice of claim required by this section shall be presented by
20 delivering a copy thereof to a fiduciary personally or by certified mail
21 return receipt requested addressed to the fiduciary at the place of
22 residence stated in the designation required by 708 [or if a notice has
23 been published pursuant to 1801, at the place specified therein] or upon
24 the clerk of the court pursuant to the designation required under 708
25 whenever the fiduciary cannot be found or served within the state after
26 due diligence.
27 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10960-01-9
