SCPA § 1806

Allowance or rejection of claims 1 · as in force on May 31, 2026

§ 1806. Allowance or rejection of claims

1. Every fiduciary shall promptly give notice in writing to the claimant of the allowance of the claim or of its rejection or of the rejection of some part thereof which he specifies.

2. A notice rejecting a claim in whole or in part shall state the reasons therefor.

3. If the fiduciary shall fail to allow the claim within 90 days from the date that it has been presented to him, the claim shall be deemed to have been rejected.

4. If a claim has been allowed pursuant to the terms of this section, process may issue to the fiduciary requiring the fiduciary to show cause why the petitioner's claim should not be paid. The court may dismiss the petition or direct payment or satisfaction of the claim in whole or in part and may require a refunding bond.

Official sourcehttps://www.nysenate.gov/legislation/laws/SCP/1806

In plain English

A fiduciary must promptly give written notice allowing or rejecting a claim.

(1) State whether the claim is allowed, partly rejected, or fully rejected.
(2) Give reasons for any rejection.
(3) If not allowed within 90 days after presentation, the claim is deemed rejected. ★
(4) For an allowed claim, the court may dismiss a payment petition, order full or partial payment, or require a refunding bond.

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.