Creditors generally have seven (7) months from the date Letters Testamentary or Letters of Administration are issued to present their claims (SCPA § 1802) against an Estate in New York. Claims filed after that window may be time-barred, but several exceptions can revive or extend them.
The 7-Month “Creditors’ Window”—Where it Comes From
New York’s Surrogate’s Court Procedure Act sets out a clear—but often misunderstood—timeline:
| Statute | Key rule | Plain-English meaning |
| SCPA § 1802 | Executor may distribute estate property after seven months and not be personally liable for missed debts | The 7-month period protects fiduciaries rather than creditors; it’s a “safe-discharge” date |
| SCPA § 1803 | Creditor must present a written claim; oral notice is insufficient | Send a dated demand letter + supporting docs |
| EPTL § 11-1.1(b)(13) | Fiduciary may “reject” or “allow” a claim | Sets up formal allowance/rejection letters |
| CPLR Art. 2 | Ordinary contract tort limitations (e.g., six years on a note) still apply | A very old debt can be barred even if brought inside seven months |
Because the clock starts only after Letters issue, a slow probate filing can effectively give creditors more time. A decedent who died two years ago but whose family just petitioned yesterday? The claims period still hasn’t begun.
What Counts as a “Presentation” of a Claim by a Creditor
A creditor must (i) identify the debt with “reasonable certainty,” (ii) state the amount due (or how it’s calculated), and (iii) deliver it to the fiduciary or their counsel. Common proof:
- Signed promissory notes or judgments
- Itemized invoices (medical bills, credit-card statements)
- Affidavit of lost note (if the original is unavailable)
Merely filing a collection action in Supreme Court does not toll SCPA § 1802; the executor can insist that the lawsuit pause until a formal allowance/rejection decision.
If a claim is rejected, the Creditor can then proceed to File A Petition to Determine the Validity of a Claim.
Missing the Seven-Month Deadline—Can The Claim be Saved?
Yes, but only in narrow circumstances:
- Executor’s consent. The fiduciary may still voluntarily pay late claims if assets remain.
- Assets not yet distributed. If the debtor estate still holds funds, the Surrogate can compel payment (SCPA § 1809).
- Equitable relief. Creditors who show they “lacked knowledge of their right” and that no prejudice results to distributees may get leave to sue (Matter of Estate of Zimmerman, 147 A.D.3d 977 [2d Dep’t 2017]).
- Fraud or concealment. Where a fiduciary knowingly hides the estate’s existence, courts have tolled the period (Matter of Baron, 185 A.D.2d 301 [2d Dep’t 1992]).
Tactics for Executors & Administrators
| Step | Why it protects you | Practical tip |
| Publish §12-1.1 statutory notice to creditors (optional) | Not legally required in NY but demonstrates diligence | Run for 3 weeks in a local paper; keep tear-sheets |
| Maintain a claims log | Eases final accounting; documents rejection dates | Spreadsheet with date-stamped PDFs |
| Issue written “Notice of Rejection” | Starts 3-month lawsuit clock under SCPA § 1810 | Send certified mail + email copy |
| Wait the full 7 months before making final distributions | Shields fiduciary from personal liability | Partial advances are OK if reserve retained |
Key Takeaway
For creditors, speed and proper paperwork are everything: serve the executor in writing, within seven months. For fiduciaries, the same seven-month mark is the liability “line in the sand”—but only if you can prove diligent administration. Follow the notice, logging, and reserve best practices and you can close the estate confident that late-breaking claims will target distributees—not you.
For more information, please contact NYC Probate Litigation, Guardianship, Probate, and Estate Planning attorney Regina Kiperman:
Phone: 917-261-4514
Fax: 929-556-2089
Email: rkiperman@rklawny.com
Or visit her at:
40 Wall Street
Suite 2508
New York, NY 10005
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