Commencement of action against personal representatives; rule · as in force on May 31, 2026
§ 11-4.4 Commencement of action against personal representatives; rule
when some of representatives not served
Where an action or proceeding is commenced against two or more personal representatives in their representative capacities, jurisdiction of all is obtained by service of process upon any one of them and any judgment recovered may be entered and execution issued thereon against all of them, in their representative capacities, as if all had been served.
In a representative-capacity case against 2 or more personal representatives, serving any 1 obtains jurisdiction over all; judgment and execution may run against all in that capacity as if each had been served. ★
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 1 — The Surrogate's Court in Plain English; Volume 3 — The Surrogate's Court: Court Rules & the EPTL; Volume 5 — Your Career: Surrogate's Court in Plain English.