2023 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.