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New York · Through 2026-09-11

N.Y. Surrogate's Court Procedure Act § 1813: Disputed or unsettled debt or claim may be compromised, compounded or sold; compromise of infant's claim or action in supreme court 1

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Where this section sits in the code
  1. Surrogate's Court Procedure Act
  2. Article 18. Claims; Payment of Debts and Funeral Expenses

§ 1813. Disputed or unsettled debt or claim may be compromised,

compounded or sold; compromise of infant's claim or action in

supreme court

1. Upon the application of a fiduciary or any person (other than a

claimant) whose rights or interests will be affected by allowance of the

claim, the court may for good cause shown either ex parte or upon notice

to such persons and in such manner as it directs authorize the

compromising or compounding of any debt, claim or demand, due or to

become due, which is necessary to be settled, adjusted or liquidated in

connection with the settlement of an estate and the sale at public

auction on such notice as directed by the court of any uncollectible,

stale or doubtful debt or claim belonging to the estate, but any party

interested in the final settlement who has not received notice may show

on the settlement that the debt or claim was fraudulently compromised or

compounded.

2. In addition to the foregoing powers, the surrogate of any county in

which there is no resident justice of the supreme court qualified to act

and in which there is then no term of supreme court in session may act

pursuant to the provisions of the CPLR with respect to an application

for the approval of a settlement of an infant's claim or of a cause of

action belonging to an infant, pending in the supreme court in that

county, to the same extent and with the same power and jurisdiction as

though he were a justice of the supreme court.

Collected 2026-09-14T19:32:45Z. Source file · JSON

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