Claimant's right to action at law or in equity Nothing in this article shall prevent a claimant from commencing an action on his claim at... · as in force on May 31, 2026
§ 1810. Claimant's right to action at law or in equity
Nothing in this article shall prevent a claimant from commencing an action on his claim at law or in equity, provided that where a claim has been presented and rejected or deemed rejected pursuant to 1806 in whole or in part the action must be commenced within 60 days after such rejection. Failure to bring such action within 60 days shall not, however, be deemed a waiver of claimant's right to a jury trial.
A claimant may sue on a claim at law or in equity, but after a claim is rejected or deemed rejected under § 1806, the action must begin within 60 days after rejection. Missing that deadline does not waive the right to a jury trial. ★
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 2 — The Surrogate's Court Procedure Act; Volume 5 — Your Career: Surrogate's Court in Plain English.