NY Est Pow & Trusts L § 13-3.5 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 13 - Other Provisions Affecting Estates Part 3 - Miscellaneous Provisions 13-3.5 - Action or Proceeding by Foreign Personal or Other Legal Representative

§ 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.