{"jurisdiction": "us-ny", "code": "eptl", "section": "11-4.5", "citation": "EPTL § 11-4.5", "heading": "Want of assets not to be pleaded by personal representative", "text": ["§ 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."], "official_source": "https://www.nysenate.gov/legislation/laws/EPT/11-4.5", "from_official_api": true, "plain_english": "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. ★", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/eptl/11-4.5", "publisher": "Elyphived LLC"}