Detailed Answer
This guide explains creditor notice requirements under New York law. It covers publication, mailing, claim deadlines, and includes medical debt collectors. Always confirm deadlines with your Surrogate’s Court.
1. Publication Notice (SCPA 308)
Under New York Surrogate’s Court Procedure Act (SCPA) § 308, the personal representative must publish notice in a designated legal newspaper in the county where the probate proceedings occur. Requirements:
- Publish once a week for three consecutive weeks.
- Include the decedent’s name, date of death, and court details.
- Begin publication promptly after appointment.
See SCPA 308: https://www.nysenate.gov/legislation/laws/SCPA/308
2. Mailing Notice to Known Creditors (SCPA 315)
Within two months of appointment, the personal representative must mail a copy of the notice to all known or reasonably ascertainable creditors, including medical debt collectors. Use certified mail, return receipt requested.
See SCPA 315: https://www.nysenate.gov/legislation/laws/SCPA/315
3. Claim Filing Deadlines
- Creditors receiving mailed notice have 30 days to file a claim after receipt.
- All other creditors must file within six months after the first publication date.
- Claims filed late without court leave are generally barred.
4. Special Considerations for Medical Debt Collectors
Medical debt collectors follow the same rules as other creditors. They must monitor publication notices and mail notices. They cannot file a claim after the applicable deadline without court permission.
5. Remedies for Failure to Notify
If the personal representative fails to publish or mail notice, unknown creditors may petition the court under SCPA 2307 for leave to file late claims within two years of appointment.
Disclaimer
This article is for informational purposes only. It does not provide legal advice. Consult a qualified attorney to address your specific situation.
Helpful Hints
- Verify the designated legal newspaper with the local Surrogate’s Court.
- Keep copies of all published notices and mailing receipts.
- Track deadlines using a calendar with reminders.
- Serve notice early to avoid last-minute issues.
- Consider professional process servers for mailing accuracy.