New York § 1805 Determination of issues arising between representative and the estate; suspension of statute of limitations in certain cases 1

New York Statutes

§ 1805 — Determination of issues arising between representative and the estate; suspension of statute of limitations in certain cases 1

New York § 1805

Law SCPSurrogate's Court Procedure

Art. 18Claims; Payment of Debts and Funeral Expenses

This text of New York § 1805 (Determination of issues arising between representative and the estate; suspension of statute of limitations in certain cases 1) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.Y. Surrogate's Court Procedure § 1805 (2026).

Text

§ 1805. Determination of issues arising between representative and the\nestate; suspension of statute of limitations in certain cases\n  1.  A fiduciary shall not pay out of the property of the decedent any\ndebt alleged to be owing to him by the decedent until proved and allowed\nby the court in the proceeding for the judicial settlement of his\naccount.  Where a contest arises between the accounting party and any of\nthe other parties respecting property alleged to belong to the estate\nwhich the accounting party claims individually or respecting a debt\nalleged to be due by the accounting party to the decedent or by the\ndecedent to the accounting party, the contest must be tried and\ndetermined in the same manner as any other issue arising in the court.\n  2.  Notwithstanding the provi

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§ 1805. Determination of issues arising between representative and the\nestate; suspension of statute of limitations in certain cases\n 1. A fiduciary shall not pay out of the property of the decedent any\ndebt alleged to be owing to him by the decedent until proved and allowed\nby the court in the proceeding for the judicial settlement of his\naccount. Where a contest arises between the accounting party and any of\nthe other parties respecting property alleged to belong to the estate\nwhich the accounting party claims individually or respecting a debt\nalleged to be due by the accounting party to the decedent or by the\ndecedent to the accounting party, the contest must be tried and\ndetermined in the same manner as any other issue arising in the court.\n 2. Notwithstanding the provisions of the preceding subdivision a\nfiduciary at any time may present a petition for permission to pay a\ndebt alleged to be owing to him by the decedent. The court may\nauthorize such payment by ex parte order upon such protection to the\nestate as it deems proper or may require notice of the application to be\ngiven to such persons and in such manner as it directs.\n 3. From the death of the decedent until the first judicial settlement\nof the account of the fiduciary, the running of the statute of\nlimitations against a debt owing to him from the decedent or any other\ncause of action in his favor against the decedent is suspended, unless\nthe fiduciary was appointed on the revocation of former letters issued\nto another person, in which case the running of the statute is so\nsuspended from the issuance of letters to him until the first judicial\nsettlement of his account. After the first judicial settlement of the\naccount of a fiduciary the statute of limitations begins to run again\nagainst a debt due to him from the decedent or any other cause of action\nin his favor against the decedent.\n