The Statute of Limitations under NY law provides a 3-year time limit on settling an Estate within New York.
Ing to New York probate law, creditors have a maximum of seven months from the date the executor is appointed to file any claim against an estate, and an estate cannot be distributed until then.
A New York Estate is Not a Legal Entity and Cannot Be Sued. After the death of an individual, the usual course is to proceed to have a fiduciary appointed to represent the decedent's estate.
Once a creditor becomes aware of a decedent's death, they must send a written notice of claim. The claim should set forth the amount owed and the particular facts out of which the claim arises.
In New York, creditors have a maximum of seven months to file claims against an estate. If you have questions related to this aspect of estate administration, Jules Haas is a seasoned New York City estate litigation attorney who may be able to assist you.
If you have been named as a beneficiary in a will, it is important to recognize how long you have to declare your inheritance. Generally speaking, the time limit for a person or family member to claim an inheritance in New York State is two years from the date of the decedent's death.