Want of assets not to be pleaded by personal representative · as in force on May 31, 2026
§ 11-4.5 Want of assets not to be pleaded by personal representative
In an action or proceeding against a personal representative, in his representative capacity, in which the complaint demands judgment for a sum of money, the non-existence or insufficiency of assets may not be pleaded and the plaintiff's right of recovery is not affected thereby.
A personal representative sued for money in the representative capacity may not plead that estate assets are nonexistent or insufficient, and that shortage does not affect the plaintiff’s right to recover. ★
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.