In a prior column, “A Fiduciary’s Duties to Creditors,”1 we concluded with a promise to address the mechanics of making a claim and having it determined. This promise, which created a debt, we now fulfill.
SCPA Article 18 provides the road map for asserting a claim against an estate in the Surrogate’s Court. Navigating these statutes can be challenging; thus, we approach this analysis with a GPS in mind, providing both main and alternate routes. Although this article focuses on the Surrogate’s Court, a creditor is not limited to seeking relief in that court; however, there may be pitfalls to proceeding in another forum.
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