{"jurisdiction": "us-ny", "code": "eptl", "section": "12-2.1", "citation": "EPTL § 12-2.1", "heading": "Action not impaired by failure of creditor or other person to", "text": ["§ 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."], "official_source": "https://www.nysenate.gov/legislation/laws/EPT/12-2.1", "from_official_api": true, "plain_english": "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.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/eptl/12-2.1", "publisher": "Elyphived LLC"}