Is the Personal Representative required to notify creditors of the Decedents passing?
New York does not require the personal representative to search for or send notice to creditors. The law assumes that creditors exercising ordinary diligence will send regular bills to the deceased person and the personal representative will learn of claims through receipt of the decedent’s bills. A creditor who learns of the death of a debtor should send to the personal representative written notice of a claim, stating the amount sought and a recitation of facts upon which the claim is based. In New York there is no statute of limitations that applies to claims against a deceased person. Rather, the customary statute of limitations to enforce a claim will continue to apply, that is, the six-year statute of limitations for most contract claims. Once the personal representative receives the claim, the claim can either be paid or contested. In paying it, a release should be sent from the creditor acknowledging payment and releasing the estate of its liability. If the claim is contested,
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