State guide
New York
New York's current Surrogate's Court creditor-claim rules are not built around a published notice to creditors. Instead, Article 18 focuses on written claims, the fiduciary's 7-month protection period after letters issue, and separate small-estate procedures under Article 13.
Checked against official sources on October 4, 2026. Rules and links change; confirm with the office listed before you act.
- Creditor claim deadline
- No first-publication rule found; 7 months from the date letters are issued for fiduciary protection under SCPA § 1802.
- Law
- SCPA § 1802; SCPA § 1803; SCPA § 1301
- Small-estate limit
- $50,000 or less in personal property, exclusive of property set off under EPTL 5-3.1(a)
Official resources in New York
Official New York Courts overview of Surrogate's Court options after a death.
Official court help page explaining New York voluntary administration for small estates.
Official Senate open-legislation page listing current Surrogate's Court Procedure Act Article 18 sections on claims.
Official statute stating the 7-month period after issuance of letters.
Official statute defining a small estate as personal property of $50,000 or less.
Key facts for New York
- Current SCPA Article 18 begins with section 1802; no current creditor-publication section appears in the article list.
- If a claim is not presented within 7 months from the date letters issue, the fiduciary is protected for good-faith payments already made.
- Claims must be in writing and may be presented personally or by certified mail to the fiduciary.
- A New York small estate is personal property with a gross value of $50,000 or less.
- New York Courts call the small-estate procedure a voluntary administration.
What to do next
- Use the Surrogate's Court 'When Someone Dies' pages first to choose between probate, administration, and voluntary administration.
- If letters have already issued, track the 7-month period from the date of first issuance of letters.
- For estates with only personal property worth $50,000 or less, review the voluntary administration path before filing a full probate or administration proceeding.
Helpful guides
- What is a notice to creditors in probate?
- How to publish a probate notice in a newspaper
- How much does it cost to publish a probate notice?
- What counts as a legal newspaper for probate notices
Creditor deadline calculator →