New York Consolidated Laws, Estates, Powers and Trusts Law - EPT § 13-3.5 Action or proceeding by foreign personal or other legal representative

(a) A personal or other legal representative of a non-domiciliary decedent, duly appointed or authorized by the law of any other state, territory or other jurisdiction of the United States where the decedent was domiciled, may sue in any court of this state in his capacity as personal or other legal representative in the same manner and under the same restrictions as a person residing outside of the state may sue, subject to the following:

(1) Within ten days after commencing such action or proceeding, the personal or other legal representative shall file in the office of the clerk of the court in which such action or proceeding is brought a copy of the letters issued to such representative, duly authenticated as prescribed by CPLR 4542 .  When the suit is brought by a foreign legal representative who is not a personal representative he shall file an affidavit setting forth the facts authorizing him to act for the decedent, and such other proof required by the court in which the action or proceeding is brought.  The court may at any time, in its discretion, require the filing of authenticated copies of other papers or a bond or additional bond in an amount fixed by the court to protect the rights of interested residents of this state.

(2) Within ten days after commencing such action or proceeding, the personal or other legal representative shall file an affidavit stating that:

(A) Such decedent is not indebted to any resident of this state.

(B) More than six months have elapsed since the decedent's death and no petition for ancillary administration of the estate of such decedent has been filed in any court of this state.  If made upon information and belief, such affidavit shall state the sources of affiant's information and the grounds for his belief.

(C) If it appears that the decedent is indebted to a resident of this state or that a petition for ancillary administration has been filed in this state, notice to the creditor or petitioner must be given in such manner as the court may direct.

(3) Failure to comply with the requirements of subparagraphs (1) and (2) shall stay the action or proceeding and the defendant's time to answer or move shall be extended for twenty days after plaintiff has served defendant with notice of compliance with such requirements.

(4) If ancillary letters testamentary or of administration are issued in this state after such action or proceeding is commenced, upon motion of the ancillary representative the court in which such action or proceeding is pending shall substitute the ancillary representative for the personal representative or other legal representative and shall hear and determine such action or proceeding as if the same were originally instituted by the ancillary representative, and the benefits of the judgment shall inure to the ancillary representative and be administered by him.


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