Section 1803. Form and verification of claims; service of notice 1  


Latest version.
  • 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 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.  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.