Action not impaired by failure of creditor or other person to · as in force on May 31, 2026
§ 12-2.1 Action not impaired by failure of creditor or other person to
present claim to representative as prescribed by law
The failure of the plaintiff to present his claim to the personal representative as prescribed by law shall not impair his right to maintain an action against distributees or testamentary beneficiaries under this article; but nothing contained herein shall extend the time limited for the commencement of an action to enforce plaintiff's claim.
A claimant’s failure to present a claim to the personal representative does not bar an action against distributees or will beneficiaries under this article. ★ It does not extend the ordinary deadline for starting the claim.
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.