What's happening
This bill updates the surrogate's court procedure act by removing outdated references related to claim presentation and notice requirements.
Why it matters
Streamlines the claim process in estates. by removing references to outdated notice requirements, making it clearer when and how creditors need to present claims against an estate, which can reduce confusion and disputes.
Holds fiduciaries (executors/administrators) less liable for late claims. , as they are no longer required to track compliance with obsolete notice publication rules—liability now ties directly to a clear seven-month window from the issuance of letters.
Reduces unnecessary procedural steps. for both fiduciaries and claimants by eliminating references to multiple, sometimes conflicting, notice addresses and timelines, making the administration of estates more efficient and transparent.
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Who cares
Headline styles
Remove Outdated Legal References
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Signed chap.520
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading cal.440
- Substituted for A7407
- Referred to judiciary
- Delivered to assembly
- Passed senateVote 58–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.703
Show 1 earlier action
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Remove Outdated Legal References
Assembly Floor Calendar · Sponsor Robin Schimminger
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4903
2019-2020 Regular Sessions
IN SENATE
March 29, 2019
Introduced by Sen. RANZENHOFER -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary
AN ACT to amend the surrogate's court procedure act, in relation to removing invalid references
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1802 of the surrogate's court procedure act, as amended by chapter 15 of the laws of 1970, is amended to read as follows: § 1802. Effect of failure to present claim
If any claim is not presented [on or before the day fixed in the notice published pursuant to the preceding section or if no notice is so published,] within 7 months from the date of issue of letters, the fiduciary shall not be chargeable for any assets or moneys that he may have paid in good faith in satisfaction of any lawful claims or of any legacies or distributions to the legatees or distributees of the decedent before such claim was presented. Such 7 month period shall begin on the date letters were first issued to any fiduciary, including a temporary administrator or a preliminary executor, and shall not be interrupted by any subsequent issue of letters, except that the time during which there is no fiduciary in office shall not be counted as part of such period.
§ 2. Subdivision 2 of section 1803 of the surrogate's court procedure act, as amended by chapter 514 of the laws of 1993, is amended to read as follows:
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 if a notice has been published pursuant to 1801, at the place specified therein] 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. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10960-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the surrogate's court procedure act, in relation to removing invalid references
Purpose
To remove references to a section repealed effective January 1, 1994
Summary of provisions
Section 1 amends Section 1802 of the SCPA to remove a reference to SCPA section 180.
Section 2 amends section 1803 of the SCPA to remove a reference to SCPA 180.
Section 3 provides that this act shall take effect immediately.
Justification
Section 180 of the Surrogate Court Procedure Act was repealed by Chapter 514 of the Laws of 1993, effective January 1, 1994. However, references to the repealed section were never removed from SCPA sections 1802 and 1803.
Legislative history
New bill.
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.