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 Assem- bly, do enact as follows: 1 Section 1. Section 1802 of the surrogate's court procedure act, as 2 amended by chapter 15 of the laws of 1970, is amended to read as 3 follows: 4 § 1802. Effect of failure to present claim 5 If any claim is not presented [on or before the day fixed in the 6 notice published pursuant to the preceding section or if no notice is so 7 published,] within 7 months from the date of issue of letters, the fidu- 8 ciary shall not be chargeable for any assets or moneys that he may have 9 paid in good faith in satisfaction of any lawful claims or of any lega- 10 cies or distributions to the legatees or distributees of the decedent 11 before such claim was presented. Such 7 month period shall begin on the 12 date letters were first issued to any fiduciary, including a temporary 13 administrator or a preliminary executor, and shall not be interrupted by 14 any subsequent issue of letters, except that the time during which there 15 is no fiduciary in office shall not be counted as part of such period. 16 § 2. Subdivision 2 of section 1803 of the surrogate's court procedure 17 act, as amended by chapter 514 of the laws of 1993, is amended to read 18 as follows: 19 2. The notice of claim required by this section shall be presented by 20 delivering a copy thereof to a fiduciary personally or by certified mail 21 return receipt requested addressed to the fiduciary at the place of 22 residence stated in the designation required by 708 [or if a notice has 23 been published pursuant to 1801, at the place specified therein] or upon 24 the clerk of the court pursuant to the designation required under 708 25 whenever the fiduciary cannot be found or served within the state after 26 due diligence. 27 § 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