SCPA § 1803

Form and verification of claims; service of notice 1 · as in force on May 31, 2026

§ 1803. Form and verification of claims; service of notice

1. Every claim against the estate of a decedent other than claims for expenses of administration and claims of the United States or the state of New York must be in writing, contain a statement of the facts upon which it is based and the amount thereof. In addition the fiduciary may require the claimant to present proof by affidavit that the amount of the claim is justly due, that all payments thereon, if any, have been credited, that the claimant knows of no offsets and no evidence of indebtedness and holds no security, except as specifically described in the affidavit.

2. The notice of claim required by this section shall be presented by delivering a copy thereof to a fiduciary personally or by certified mail return receipt requested addressed to the fiduciary at the place of residence stated in the designation required by 708 or upon the clerk of the court pursuant to the designation required under 708 whenever the fiduciary cannot be found or served within the state after due diligence.

3. No claimant shall be entitled to enforce payment of a claim in any proceeding in the court unless the claim be presented in accordance with the provisions of this section or unless it shall be based upon a decree or order of the court or a valid judgment rendered by a court of competent jurisdiction.

Official sourcehttps://www.nysenate.gov/legislation/laws/SCP/1803

In plain English

Most estate claims must be written, supported by facts, stated in an amount, and properly delivered before enforcement in Surrogate’s Court.

(1) Except administration expenses and federal or New York claims, state the facts and amount; the fiduciary may demand an affidavit confirming what is due, credits, offsets, debt evidence, and security.
(2) Deliver the notice personally to the fiduciary or by certified mail, return receipt requested, at the § 708 address; after diligent inability to find or serve the fiduciary in New York, serve the court clerk. ★
(3) The claimant cannot enforce payment in this court without proper presentation, unless the claim rests on a court decree, order, or valid judgment.

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.

In print

This provision appears in Volume 1 — The Surrogate's Court in Plain English; Volume 2 — The Surrogate's Court Procedure Act; Volume 5 — Your Career: Surrogate's Court in Plain English.