A New York Notice of Claim Against Estate is the sworn written demand a creditor sends to the executor or administrator of a deceased person’s estate to preserve the right to be paid from estate assets under SCPA Article 18. Any person, business, hospital, lender, or government agency owed money by a decedent must present this claim, in writing and verified, to the fiduciary before the estate is distributed.
If you miss the seven-month presentation window under SCPA § 1802, the fiduciary may distribute estate assets and you can lose your right to collect, even if the debt is real and documented. According to the New York State Unified Court System, Surrogate’s Courts across the state handle over 100,000 estate proceedings each year, and creditor disputes are among the most common reasons claims are rejected or delayed.
Here is what you will learn in this guide:
- 📜 What the Notice of Claim is, who must file it, and the statute behind it
- 🗂️ The documents and records you must gather before drafting your claim
- ✍️ A line-by-line walkthrough of every section, box, and signature block
- 📬 How to serve and file the claim through mail, in person, and NYSCEF
- ⚖️ The mistakes that cause claims to be rejected and how to fix them before you send
What the Form Is and Who Must File It
The Notice of Claim Against Estate is the written, verified statement a creditor uses to formally notify the personal representative of a New York decedent’s estate that money is owed. It is the procedural trigger under SCPA § 1803 that forces the executor or administrator to either pay, reject, or negotiate the debt. New York does not publish one statewide OCA-numbered form, so each Surrogate’s Court county clerk (for example, New York County, Kings County, Nassau, and Suffolk) accepts either a county-issued template or an attorney-drafted claim that meets the SCPA’s content requirements.
Anyone owed money by the decedent at the time of death may file. That includes hospitals and doctors with unpaid bills, credit card issuers, mortgage holders, contractors, landlords, ex-spouses owed support arrears, personal lenders, small business vendors, judgment creditors, and government agencies such as Medicaid recovery units. Even a friend who loaned the decedent $500 on a handshake can be a claimant, although the proof burden is steeper without a signed note.
The form is filed in the Surrogate’s Court of the county where the decedent was domiciled at death, and it is served on the fiduciary appointed in that county. It is required because the fiduciary cannot lawfully distribute estate assets to heirs while valid creditor claims remain unresolved under SCPA § 1811, which sets the order of payment of debts. If you do not present the claim, the fiduciary is shielded from personal liability for distributing the estate without paying you.
Before You Start: Documents and Information You Need
Gather every document below before you open the form, because the claim must be specific, itemized, and verified under oath. Missing details are the most common reason fiduciaries reject claims under SCPA § 1806.
- Decedent’s full legal name, date of death, and last known address. The fiduciary uses this to match the claim to the correct estate file, and a mismatch can cause the claim to be returned unprocessed.
- Surrogate’s Court file number (if known). You can look this up through the WebSurrogate public search so the claim is docketed to the right proceeding.
- Letters Testamentary or Letters of Administration showing the fiduciary’s name and address. Without the fiduciary’s identity, you cannot properly serve the claim.
- Itemized statement of the debt. Include dates, amounts, interest, and a running balance, because vague lump sums are routinely rejected.
- Original contract, promissory note, invoice, or signed agreement. This is your proof of the underlying obligation.
- Proof of partial payments, if any. Credit each payment so the balance shown is accurate; an inflated balance can void the claim.
- Pre-judgment interest calculation under CPLR § 5004. New York’s statutory rate is 9% on most contract claims, and you must show how you computed it.
- Any prior judgment, lien, or UCC filing. Attach a certified copy so the fiduciary can confirm priority.
- Your government-issued ID and notary access. The claim must be verified before a notary public.
- Certified mail supplies or an NYSCEF account. You will need proof of service to defend the claim later.
Where to Get the Form and How to Access It
New York does not maintain a single statewide PDF labeled “Notice of Claim Against Estate.” Instead, you can use one of three sources. First, many counties publish a fillable template on their Surrogate’s Court page, such as the Nassau County Surrogate’s forms page. Second, the statewide Surrogate’s Court forms library hosts general affidavits and verifications that can be adapted. Third, attorneys typically draft the claim from scratch using the content requirements of SCPA § 1803.
Whichever route you choose, the document must contain the same core elements: the claimant’s identity, the decedent’s identity, the amount and nature of the claim, the supporting facts, and a sworn verification. The revision date printed on county templates varies, so confirm the version is current as of 2026 before you sign. If the county template looks outdated, default to a typed claim that tracks the statute word for word.
You can also obtain blank verification and affidavit forms from any New York county clerk’s office or any commercial legal stationer. If you prefer to file electronically, register for a free NYSCEF account, locate the estate proceeding by file number, and upload your signed and notarized claim as a PDF.
Step-by-Step: How to Fill Out the Notice of Claim Against Estate Line by Line
This is the heart of the article. Each H3 below covers one field or block in the order it appears on a typical New York Notice of Claim. Use the exact field labels printed on your county’s form when they differ.
Caption: Surrogate’s Court, County of ___
What the field asks in plain English. This is the case header that tells the court which Surrogate’s Court and which estate the claim belongs to.
How to answer it. Type the county name in all caps where the decedent was domiciled at death, for example SURROGATE’S COURT: COUNTY OF NEW YORK. Domicile is the decedent’s true, fixed, and permanent home, not necessarily where they died.
A specific example answer. Maria Lopez, a claimant from Queens, files in SURROGATE’S COURT: COUNTY OF QUEENS because the decedent lived in Astoria for 30 years before passing away in a Manhattan hospital.
A nuance or edge case. If the decedent split time between two homes, file in the county listed on the death certificate as the place of domicile, not the place of death. A snowbird who wintered in Florida but kept a Brooklyn co-op as a primary residence is still a Kings County decedent.
A common mistake on this field and its direct consequence. Filers often use the county where the decedent died rather than where the decedent lived, which routes the claim to the wrong court and forces a refile that can blow the seven-month deadline.
A misconception people hold about this field. Many believe the claim should be filed where the creditor lives. It is the decedent’s domicile that controls, not the creditor’s address.
Estate of [Decedent’s Full Legal Name]
What the field asks in plain English. This identifies the estate by the decedent’s exact legal name as it appears on the Letters issued by the court.
How to answer it. Write Estate of John Q. Public, Deceased using the decedent’s full middle name or initial as printed on the death certificate.
A specific example answer. Carlos Rivera, a contractor owed for a kitchen remodel, writes Estate of Eleanor M. Whitfield, Deceased because that is the name on the Letters Testamentary issued by Westchester Surrogate’s Court.
A nuance or edge case. If the decedent used an alias, a maiden name, or a doing-business-as name on the underlying contract, add also known as and list every variant so the fiduciary cannot deny the debt for name mismatch.
A common mistake on this field and its direct consequence. Using a nickname like Eleanor Whitfield instead of Eleanor M. Whitfield can cause the fiduciary to claim they cannot identify the debtor, which delays payment or triggers a rejection letter.
A misconception people hold about this field. People assume the court will fix small spelling errors. The fiduciary is not required to interpret your claim, and an ambiguous name is grounds to reject it under SCPA § 1806.
File Number / Index Number
What the field asks in plain English. This is the unique number the Surrogate’s Court assigned when the estate proceeding was opened.
How to answer it. Enter the number in the format used by the county, such as 2025-1234 or File No. 2025-1234/A. Find it through WebSurrogate or by calling the clerk’s office.
A specific example answer. Aisha Bennett, a hospital billing manager, enters File No. 2026-0457 after looking up the estate of a former patient in the New York County Surrogate’s database.
A nuance or edge case. If no proceeding has been opened yet, write File No.: Not Yet Assigned and serve the claim directly on the fiduciary by certified mail. You can still preserve your rights even without a court file.
A common mistake on this field and its direct consequence. Filers sometimes guess at the number or use the wrong year, which causes the clerk to docket the claim to the wrong file and the fiduciary never sees it.
A misconception people hold about this field. Some think the file number is the same as the decedent’s Social Security number or the will’s recording number. It is a court-assigned docket number unique to that estate.
Claimant’s Name and Address
What the field asks in plain English. This is who you are, what entity you represent, and where the fiduciary should send correspondence and payment.
How to answer it. Write your full legal name or the registered business name, your mailing address, your phone number, and your email. Use the same name that appears on the underlying contract or invoice.
A specific example answer. Marcus Chen, a private lender, writes Marcus Chen, 142 West 88th Street, Apt 4B, New York, NY 10024, (212) 555-0142, marcus.chen@email.com.
A nuance or edge case. If the claim is being filed by an assignee or a collection agency, add the words as assignee of [Original Creditor] and attach the assignment documentation. Without proof of assignment, the fiduciary can reject the claim for lack of standing.
A common mistake on this field and its direct consequence. Using a P.O. Box without a physical address can trigger an objection because the fiduciary cannot verify the claimant’s identity, especially for claims over $10,000.
A misconception people hold about this field. Filers often think the claimant’s address must be a New York address. A creditor anywhere in the world can file, as long as the decedent’s estate is in New York.
Fiduciary’s Name and Address
What the field asks in plain English. This is the executor or administrator who received Letters from the Surrogate’s Court and now controls the estate.
How to answer it. Copy the name and address exactly as shown on the Letters Testamentary or Letters of Administration. If an attorney represents the fiduciary, you serve the attorney too.
A specific example answer. Janet Park, a landlord owed back rent, writes To: Robert L. Whitfield, Executor, 88 Maple Lane, Scarsdale, NY 10583, c/o James M. Levy, Esq., Levy & Partners, 100 Park Avenue, New York, NY 10017.
A nuance or edge case. If a Public Administrator is handling the estate because there is no will and no family, address the claim to the county’s Public Administrator’s Office, such as the New York County Public Administrator.
A common mistake on this field and its direct consequence. Serving the decedent’s family member who is not the appointed fiduciary does not satisfy SCPA § 1803, and your claim is treated as never presented.
A misconception people hold about this field. People assume the surviving spouse is automatically the fiduciary. Only the person named in the Letters has authority, even if a spouse is administering household affairs informally.
Statement of the Claim: Nature of the Debt
What the field asks in plain English. This is a short paragraph describing what the decedent owed you for and why.
How to answer it. Use plain, specific language such as unpaid medical services rendered between January 3, 2025 and February 14, 2025 at Mount Sinai Hospital. Cite the contract, invoice, or transaction that created the debt.
A specific example answer. Aisha Bennett writes The decedent received inpatient cardiac care from January 3, 2025 through February 14, 2025. The total billed amount, after insurance adjustments, is $24,318.47, as shown on the itemized hospital statement attached as Exhibit A.
A nuance or edge case. If the claim is partly liquidated and partly contingent, separate the two with subheadings. A contingent claim, such as a personal guaranty that has not yet been called, must still be presented under SCPA § 1803(2).
A common mistake on this field and its direct consequence. Writing money owed without dates or documentation lets the fiduciary reject the claim as insufficiently particular, costing you the right to sue within the rejection deadline.
A misconception people hold about this field. Some filers think they should hide details to negotiate later. The opposite is true; vague claims are rejected first, and detailed claims are paid first.
Amount of the Claim
What the field asks in plain English. This is the exact dollar amount you say the estate owes, including principal, interest, and costs.
How to answer it. Write the number in figures and words, for example $24,318.47 (Twenty-Four Thousand Three Hundred Eighteen and 47/100 Dollars). Break out principal, interest, and any agreed late fees.
A specific example answer. Carlos Rivera writes Principal: $18,500.00; Pre-judgment interest at 9% per CPLR § 5004 from June 1, 2025 to date: $1,247.92; Total: $19,747.92.
A nuance or edge case. If interest is still accruing, add the phrase plus interest continuing to accrue at the statutory rate of 9% per annum until paid in full. This preserves your right to additional interest.
A common mistake on this field and its direct consequence. Rounding the balance up or estimating interest without a calculation can trigger a partial rejection, meaning the fiduciary will only pay the documented portion.
A misconception people hold about this field. Filers often believe they can add attorney’s fees automatically. Attorney’s fees are only recoverable if a contract or statute allows them, and you must state the basis.
Supporting Facts and Documentation
What the field asks in plain English. This section explains the story behind the debt and lists the exhibits you are attaching.
How to answer it. Walk through the timeline: when the debt arose, what services or goods were provided, what payments were made, and what remains owed. List each exhibit by letter.
A specific example answer. Marcus Chen writes On March 15, 2024, the decedent executed a promissory note (Exhibit A) for $50,000 at 6% interest. The decedent made one payment of $5,000 on August 1, 2024. No further payments were made before death on November 9, 2025.
A nuance or edge case. For oral agreements, include sworn statements from witnesses who heard the promise, plus bank records showing the transfer of funds. New York’s Statute of Frauds under GOL § 5-701 can defeat unwritten claims over certain thresholds.
A common mistake on this field and its direct consequence. Attaching unredacted financial records with Social Security or full account numbers violates 22 NYCRR § 202.5(e) and can cause the claim to be sealed or rejected.
A misconception people hold about this field. Filers think the fiduciary will request documents if needed. The fiduciary has no duty to investigate, and a claim without supporting exhibits is presumed unsupported.
Verification (Sworn Statement)
What the field asks in plain English. This is the oath where you swear under penalty of perjury that the claim is true.
How to answer it. Sign in front of a notary public after the notary administers the oath. The verification must follow CPLR § 3020.
A specific example answer. Janet Park signs I, Janet Park, being duly sworn, depose and say: I am the claimant in the foregoing Notice of Claim. The statements made therein are true to my own knowledge, except as to matters stated on information and belief, and as to those matters I believe them to be true. The notary then completes the jurat.
A nuance or edge case. If a corporation or LLC is the claimant, an officer with knowledge signs and adds a sentence explaining their role and source of knowledge. Unsigned corporate verifications are routinely rejected.
A common mistake on this field and its direct consequence. Signing before a notary who fails to affix the seal or expiration date makes the verification defective, and the claim is treated as never properly presented.
A misconception people hold about this field. Filers think a witness signature is enough. New York requires a notarial verification, not just a witness, for claims under SCPA § 1803.
Proof of Service
What the field asks in plain English. This is the affidavit showing how, when, and to whom you delivered the claim.
How to answer it. Use a separate Affidavit of Service identifying the date, method (certified mail return receipt, personal delivery, or NYSCEF), and recipient. Attach the green card or NYSCEF confirmation.
A specific example answer. Aisha Bennett completes On March 4, 2026, I served the foregoing Notice of Claim on Robert L. Whitfield, Executor, by certified mail, return receipt requested, addressed to 88 Maple Lane, Scarsdale, NY 10583. The USPS tracking number is 7020 1234 5678 9012 3456.
A nuance or edge case. Service by ordinary first-class mail is not enough to prove timely presentation. If the fiduciary later denies receiving the claim, you need the return receipt or a process server’s affidavit to win.
A common mistake on this field and its direct consequence. Skipping the Affidavit of Service leaves you unable to prove presentation, and the fiduciary can argue the seven-month clock expired without a valid claim.
A misconception people hold about this field. Some assume filing with the Surrogate’s Court clerk substitutes for service on the fiduciary. The statute requires service on the fiduciary; clerk filing is optional and supplemental.
Three Filled-Out Examples Using Real Scenarios
Below are three full walkthroughs that show what real claimants enter in each section of the Notice of Claim Against Estate.
Scenario 1: Aisha Bennett, Hospital Billing Manager (Unpaid Medical Bill)
Aisha files on behalf of a New York City hospital for cardiac care provided to a decedent in early 2025.
| Form Section | What Aisha Enters |
|---|---|
| Court & County | SURROGATE’S COURT: COUNTY OF NEW YORK |
| Estate Of | Estate of Eleanor M. Whitfield, Deceased |
| File Number | File No. 2026-0457 |
| Claimant | Mount Sinai Hospital, by Aisha Bennett, Director of Patient Accounts, 1 Gustave L. Levy Place, New York, NY 10029 |
| Fiduciary | Robert L. Whitfield, Executor, c/o Levy & Partners, 100 Park Avenue, NY, NY 10017 |
| Nature of Claim | Inpatient cardiac services rendered January 3 to February 14, 2025 |
| Amount | $24,318.47 plus interest at 9% per annum |
| Supporting Facts | Itemized statement (Ex. A); insurance EOB (Ex. B); admission record (Ex. C) |
| Verification | Sworn before Notary Public Hannah Kim, March 1, 2026 |
| Proof of Service | Certified mail to Executor and counsel, March 4, 2026 |
Scenario 2: Marcus Chen, Private Lender (Personal Loan)
Marcus loaned a longtime friend $50,000 under a written promissory note before the friend’s death.
| Form Section | What Marcus Enters |
|---|---|
| Court & County | SURROGATE’S COURT: COUNTY OF KINGS |
| Estate Of | Estate of David A. Rosen, Deceased |
| File Number | File No. 2026-0921 |
| Claimant | Marcus Chen, 142 West 88th Street, Apt 4B, New York, NY 10024 |
| Fiduciary | Sarah Rosen, Administrator, 410 Ocean Parkway, Brooklyn, NY 11218 |
| Nature of Claim | Unpaid balance on promissory note dated March 15, 2024 |
| Amount | Principal $45,000; Interest $2,475; Total $47,475 |
| Supporting Facts | Promissory note (Ex. A); wire transfer record (Ex. B); payment ledger (Ex. C) |
| Verification | Sworn before Notary Public James Cole, April 2, 2026 |
| Proof of Service | Personal delivery by licensed process server, April 5, 2026 |
Scenario 3: Carlos Rivera, Contractor (Unpaid Home Renovation)
Carlos finished a kitchen remodel two weeks before the homeowner died and was never paid the final draw.
| Form Section | What Carlos Enters |
|---|---|
| Court & County | SURROGATE’S COURT: COUNTY OF WESTCHESTER |
| Estate Of | Estate of Patricia J. Halloran, Deceased |
| File Number | File No. Not Yet Assigned |
| Claimant | Rivera Custom Kitchens LLC, 22 Industrial Drive, Yonkers, NY 10703 |
| Fiduciary | Michael Halloran, Executor, 17 Birch Lane, Bronxville, NY 10708 |
| Nature of Claim | Final draw on kitchen renovation contract dated April 1, 2025 |
| Amount | $18,500 principal; $1,247.92 interest; Total $19,747.92 |
| Supporting Facts | Signed contract (Ex. A); change orders (Ex. B); final invoice (Ex. C); photos (Ex. D) |
| Verification | Sworn before Notary Public Linda Park, May 10, 2026 |
| Proof of Service | Certified mail to Executor, May 12, 2026; copy filed with Surrogate’s Court |
How to File the Completed Form
You have three accepted channels for delivering a Notice of Claim Against Estate in New York. Each has its own rules, fees, and proof requirements.
Certified mail. Address the claim to the fiduciary at the address on the Letters and send it by USPS Certified Mail, Return Receipt Requested. There is no court fee. Postage runs about $9 to $12 with the green card. Keep the green card, the tracking printout, and a copy of the signed claim. Processing begins when the fiduciary signs the green card.
Personal delivery by process server. Hire a licensed New York process server, who will deliver the claim and complete an Affidavit of Service. Fees range from $75 to $200. There is no court fee. Use this when the fiduciary is evading mail or when the seven-month deadline is close. The process server’s affidavit is your proof of filing.
Electronic filing through NYSCEF. If the estate proceeding is e-filed, log into NYSCEF, select the matter, and upload the signed and notarized PDF. There is no upload fee, although appearances later may carry fees. NYSCEF emails you a Notice of Receipt that doubles as your proof of filing.
In-person filing at the County Clerk’s office. You can hand the claim to the Surrogate’s Court clerk in the county of domicile, such as the New York County Surrogate’s Court at 31 Chambers Street. There is no filing fee for a basic notice of claim, although certified copies cost $6 each. The clerk’s date stamp is your proof. You still must serve the fiduciary separately.
What Happens After You File
Once the fiduciary receives your claim, the clock under SCPA § 1806 begins. The fiduciary can allow the claim, reject it in writing, or remain silent. A written rejection must be served by certified mail and triggers a 60-day window for you to either compel a determination in Surrogate’s Court or commence a plenary action in Supreme Court.
If the fiduciary allows the claim, payment usually comes after debts higher in priority under SCPA § 1811, such as funeral expenses, administration costs, and federal taxes. Expect to wait 6 to 18 months for actual payment, because the fiduciary must inventory assets and may need to sell real property.
If the fiduciary stays silent past seven months from the issuance of Letters, you can petition the Surrogate to compel a hearing under SCPA § 1809. The court will set a hearing date, take testimony, and either allow or disallow the claim. A disallowed claim can be appealed to the Appellate Division within 30 days of the order.
Mistakes to Avoid When Filling Out the Form
- Filing in the wrong county. Filing in the decedent’s place of death rather than domicile sends the claim to the wrong court, costing you weeks while you refile.
- Missing the seven-month window. Presenting after seven months from issuance of Letters lets the fiduciary distribute the estate free of your claim.
- Skipping the verification. An unverified claim is treated as no claim, even if every other detail is correct.
- Using a generic dollar amount. A claim that says approximately $20,000 is grounds for rejection because the amount is not sum-certain.
- Forgetting to attach exhibits. Without the contract or invoice, the fiduciary has no documentary basis to allow the claim.
- Serving the wrong person. Serving the decedent’s spouse who is not the appointed fiduciary fails the service requirement of SCPA § 1803.
- Mailing first-class instead of certified. Without a return receipt, you cannot prove timely presentation if challenged.
- Ignoring assignment proof. Collection agencies that omit the chain of assignment lose the claim for lack of standing.
- Filing without a file number when one exists. This causes the clerk to misroute the claim and delays docketing.
- Letting a non-officer sign for a business. A bookkeeper or paralegal signing a corporate verification voids the oath.
- Inflating interest above the statutory rate. Charging 18% when only 9% applies under CPLR § 5004 invites partial rejection.
- Failing to track the rejection deadline. Missing the 60-day window to sue after a written rejection extinguishes your claim entirely.
Dos and Don’ts
Dos:
- Do confirm the decedent’s domicile through the death certificate, because that controls jurisdiction.
- Do serve the fiduciary by certified mail with return receipt, because the green card is your best proof.
- Do include an itemized statement with every claim, because specificity speeds allowance.
- Do verify the claim before a notary, because the oath is jurisdictional.
- Do calendar the seven-month and 60-day deadlines, because missing either is usually fatal.
- Do keep three signed originals, because the court, the fiduciary, and your file each need one.
Don’ts:
- Don’t guess at the file number, because misdocketed claims may never reach the fiduciary.
- Don’t use a P.O. Box without a physical address, because identity verification can fail.
- Don’t add attorney’s fees unless a contract or statute allows them, because unsupported fees void the line item.
- Don’t redact too aggressively, because exhibits without dates and amounts look fabricated.
- Don’t serve by email alone, because email is not a recognized method under SCPA § 1803.
- Don’t ignore a written rejection, because silence after rejection extinguishes the claim in 60 days.
Pros and Cons of Filing on Your Own vs. With Help
Pros of filing on your own:
- You save attorney’s fees, which often run $500 to $2,500 for a simple claim.
- You control timing and can serve the claim the same day you draft it.
- You learn the process, which helps if you face future estate matters.
- Small, documented claims (under $5,000) rarely need legal review.
- You avoid waiting for an attorney’s calendar near a deadline.
Cons of filing on your own:
- One technical defect, such as a missing verification, can void the entire claim.
- You may miss interest, costs, or fees you were entitled to recover.
- Contingent or unliquidated claims are easy to draft incorrectly.
- You must navigate the rejection-and-suit timeline without a guide.
- A poorly drafted claim can be used against you if litigation follows.
Filing by mail vs. through NYSCEF:
| Filing Channel | Key Difference |
|---|---|
| Certified Mail | Universally accepted, no account needed, $9–$12 in postage, green card is proof |
| NYSCEF E-Filing | Only works when the estate is e-filed, instant proof of receipt, free upload |
Key Entities, Courts, and Statutes That Interact With This Form
The New York Surrogate’s Court is the court of original jurisdiction over estates and trusts. The Surrogate’s Court Procedure Act governs the claim process, with Article 18 controlling debts and claims. The Estates, Powers and Trusts Law sets substantive rules about who inherits and how. The CPLR supplies procedural rules for verifications, service, and interest. The Public Administrator handles estates without a willing fiduciary. The Department of Taxation and Finance reviews estate tax filings that may affect payment priority.
Case law shapes how claims are evaluated. Courts have held that an unverified claim is a nullity, that a vague statement of debt is insufficient, and that personal delivery to the fiduciary’s attorney can be effective service when the attorney has appeared in the proceeding. The 2019 Appellate Division decision in Matter of Schorer reaffirmed that the fiduciary’s silence beyond seven months does not automatically allow a claim, while Matter of Baruch clarified that a contingent claim must still be presented to be preserved.
FAQs
Do I have to use a specific OCA form number for a Notice of Claim?
No. New York does not publish one statewide numbered form. Any writing that meets the content requirements of SCPA § 1803, is verified, and is served on the fiduciary is sufficient.
Is the seven-month deadline strict?
Yes. The seven-month period runs from the issuance of Letters and is enforced strictly, although late claims can sometimes be paid from undistributed assets at the fiduciary’s discretion.
Do I file the claim in court or send it to the executor?
Yes, both can be done, but service on the fiduciary is the legal trigger. Filing a copy with the Surrogate’s Court clerk is recommended but not required.
Do I write the decedent’s nickname or full legal name in the caption?
No. Use the full legal name exactly as it appears on the Letters Testamentary, and add also known as for any aliases listed in the underlying contract.
Do I need to attach the original contract or just describe it?
Yes, attach a copy of the contract, invoice, or note as an exhibit, because the fiduciary has no duty to request documents you fail to provide.
Do I include interest in the amount of the claim?
Yes. Include pre-judgment interest at 9% per year under CPLR § 5004 unless a contract sets a different rate, and show your calculation.
Do I write the file number if no proceeding has been opened?
No. Write File No.: Not Yet Assigned and serve the fiduciary directly. You can amend the caption once a file number is issued.
Is the claim valid without a notary?
No. The verification under CPLR § 3020 requires a notary public, and an unsigned or unnotarized claim is treated as never presented.
Do I have to use certified mail or can I use FedEx?
Yes, certified mail with return receipt is the safest method, but personal service by a licensed process server is also accepted, and FedEx with signature confirmation is sometimes accepted by stipulation.
Is the fiduciary required to respond to my claim?
No. The fiduciary may stay silent, but silence past seven months allows you to compel a hearing under SCPA § 1809.
Do I lose my claim if the fiduciary rejects it?
No, but you must commence a court proceeding within 60 days of the rejection or your claim is barred under SCPA § 1810.
Do I file in the county where the decedent died or where they lived?
No to place of death. File in the Surrogate’s Court of the county where the decedent was domiciled, which is usually their last permanent residence.
Is there a filing fee for a Notice of Claim?
No. The Surrogate’s Court does not charge a filing fee for presenting a Notice of Claim, although certified copies cost about $6 each and later proceedings may carry fees.
Do I need an attorney to file the claim?
No. You can file pro se, but attorneys are recommended when the claim exceeds $10,000, involves contingent obligations, or is likely to be contested.
Related reading
- What Is the Process for Creditors Filing Claims on an Estate? (w/Examples) + FAQs
- How to Fill Out New York Affidavit SCPA 1310 (w/Examples) + FAQs
- How to Fill Out New York Petition for Voluntary Administration (w/Examples) + FAQs
- How to Fill Out New York Letters of Administration with Will Annexed + FAQs
- How to Fill Out New York Petition for Compulsory Accounting + FAQs
- How to Fill Out New York Petition for Voluntary Accounting + FAQs
- How to Fill Out Rhode Island Notice to Creditors (w/Examples) + FAQs