N.Y. Surrogate's Court Procedure Act § 1803: Form and verification of claims; service of notice 1

§ 1803. Form and verification of claims; service of notice

1. 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 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.