Legislation
SECTION 1809
Proceeding to determine validity and enforceability of claims 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 18
§ 1809. Proceeding to determine validity and enforceability of claims
1. Whenever a fiduciary has knowledge or notice that a claim may be
asserted and no written notice of claim has been presented to him or if
a fiduciary has reason to question the validity of any claim, whether
such notice has been presented to him or not, and no action or
proceeding to enforce the claim has been instituted, the fiduciary may
present a petition to the court showing the facts and praying that the
claimant or possible claimant be required to show cause why his claim,
if any, should not be disallowed. Similarly, any claimant whose claim is
made in compliance with 1803, and whose claim has not been allowed in
whole pursuant to 1806 may petition the court showing the facts and
praying that the fiduciary be required to show cause why the claim
should not be allowed.
2. If the petition be entertained process shall issue to the claimant
or possible claimant or fiduciary, as the case may be, and, whenever the
claim sought is in excess of ten thousand dollars or constitutes
twenty-five percent or more of the estimated gross probate estate,
whichever is the lesser, to any person whose rights or interests will be
affected by allowance of the claim and the person cited may within 8
days from the return day, serve and file an answer. The answer, if
filed by the claimant, shall be accompanied by a copy of any notice of
claim, supporting affidavit or other evidence of the claim, if any,
filed with the fiduciary. If the fiduciary deems it necessary he may,
within 5 days from the service upon him of a copy of the answer, serve
and file a reply thereto. The claimant may also file a reply to an
answer served by the fiduciary.
3. The court may determine the claim and all issues relating thereto
as a preliminary step in the accounting proceeding and make such
direction as justice shall require.
1. Whenever a fiduciary has knowledge or notice that a claim may be
asserted and no written notice of claim has been presented to him or if
a fiduciary has reason to question the validity of any claim, whether
such notice has been presented to him or not, and no action or
proceeding to enforce the claim has been instituted, the fiduciary may
present a petition to the court showing the facts and praying that the
claimant or possible claimant be required to show cause why his claim,
if any, should not be disallowed. Similarly, any claimant whose claim is
made in compliance with 1803, and whose claim has not been allowed in
whole pursuant to 1806 may petition the court showing the facts and
praying that the fiduciary be required to show cause why the claim
should not be allowed.
2. If the petition be entertained process shall issue to the claimant
or possible claimant or fiduciary, as the case may be, and, whenever the
claim sought is in excess of ten thousand dollars or constitutes
twenty-five percent or more of the estimated gross probate estate,
whichever is the lesser, to any person whose rights or interests will be
affected by allowance of the claim and the person cited may within 8
days from the return day, serve and file an answer. The answer, if
filed by the claimant, shall be accompanied by a copy of any notice of
claim, supporting affidavit or other evidence of the claim, if any,
filed with the fiduciary. If the fiduciary deems it necessary he may,
within 5 days from the service upon him of a copy of the answer, serve
and file a reply thereto. The claimant may also file a reply to an
answer served by the fiduciary.
3. The court may determine the claim and all issues relating thereto
as a preliminary step in the accounting proceeding and make such
direction as justice shall require.