Reviewed by Laurence P. Banville, Esq.Frequently asked questions
How do you file a lawsuit against a deceased person’s estate in New York?
You must file your claim against the estate through the Surrogate’s Court in the county where the deceased resided. The executor or administrator of the estate becomes the defendant. If no estate has been opened, you may petition the court to appoint an administrator so the lawsuit can proceed.
What is the deadline to sue a deceased person’s estate in New York?
New York law imposes strict time limits. For wrongful death claims under NY EPTL §5-4.1, you have two years from the date of death. For personal injury survival actions under EPTL §11-3.2, the standard personal injury statute of limitations applies — generally three years — but you must also file a claim with the estate within seven months of the executor’s appointment.
What if the deceased person’s estate has no assets?
If the estate is insolvent or has no assets, a judgment against it may go unsatisfied. However, the deceased may have had liability insurance — such as auto or homeowner’s coverage — that covers the claim independently of the estate’s assets. An attorney can investigate available insurance before you decide whether to pursue the case.
Can heirs or family members be personally liable for the deceased’s actions?
Generally, no. In New York, heirs are not personally responsible for a deceased person’s debts or legal judgments unless they personally assumed liability or received estate assets in violation of creditor rights. Your claim is against the estate itself, not the deceased’s family members.