New York § 1807 Effect of allowance of claim by fiduciary 1

New York Statutes

§ 1807 — Effect of allowance of claim by fiduciary 1

New York § 1807

Law SCPSurrogate's Court Procedure

Art. 18Claims; Payment of Debts and Funeral Expenses

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Bluebook

N.Y. Surrogate's Court Procedure § 1807 (2026).

Text

§ 1807. Effect of allowance of claim by fiduciary\n  1. Whenever a fiduciary shall allow a claim other than the fiduciary's\nown the validity of the claim shall thereby be established, but if it\nshall appear that the claim was improperly allowed or was fraudulently\nor negligently paid, any party adversely affected thereby may file\nobjections thereto in any proceeding for the judicial settlement of the\naccount of the fiduciary. A copy of the objections shall be served upon\nall parties who have appeared and if the claimant has not appeared a\ncopy shall be served upon the claimant personally or by mail.  If the\ncourt sustains the objections the claim shall thereupon be dismissed if\nit has not been paid.  If it has been paid, in whole or in part, and an\namended petition or objections 

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§ 1807. Effect of allowance of claim by fiduciary\n 1. Whenever a fiduciary shall allow a claim other than the fiduciary's\nown the validity of the claim shall thereby be established, but if it\nshall appear that the claim was improperly allowed or was fraudulently\nor negligently paid, any party adversely affected thereby may file\nobjections thereto in any proceeding for the judicial settlement of the\naccount of the fiduciary. A copy of the objections shall be served upon\nall parties who have appeared and if the claimant has not appeared a\ncopy shall be served upon the claimant personally or by mail. If the\ncourt sustains the objections the claim shall thereupon be dismissed if\nit has not been paid. If it has been paid, in whole or in part, and an\namended petition or objections request a direction that the claimant\nrepay to the fiduciary of the estate any amount of the estate assets\ndetermined on the settlement of the account to have been paid to a\nclaimant as a result of fraud, negligence or collusion and if a\nsupplemental citation to this effect was issued and served upon the\nclaimant, then the court, is authorized in the accounting decree to\ndirect repayment by the creditor of the excess to the fiduciary of the\nestate and may, in addition, impose a surcharge against the fiduciary or\notherwise as justice shall require. If there is no amended petition or\nanswer requesting a direction that the claimant repay the amount of\nestate assets determined to have been paid as a result of fraud,\nnegligence or collusion then a surcharge shall be imposed against the\nfiduciary in the amount the estate has been damaged by such fraud,\nnegligence or collusion.\n 2. In such accounting proceeding a party adversely affected may show\nthat a judgment on a claim against a fiduciary was obtained by fraud,\nnegligence or collusion. If the court determines that the judgment was\nso obtained, a surcharge shall be imposed against the fiduciary in the\namount the estate has been damaged by such fraud, negligence or\ncollusion.\n