Insolvent Probate Estate Claim-Payment Priority in New York

Short answer New York gives administration expenses precedence over reasonable funeral expenses, which in turn precede debts and claims. Among debts, the statute prefers federal and state priority debts, then assessed property taxes, then docketed judgments and decrees in their own priority, then other listed obligations. Equal-class debts ordinarily share without preference, while secured-creditor dividends in an insolvent estate depend on collateral value.
State
New York
Statute checked
October 5, 2026
Sources
4 statutes

At a glance

Statutory payment orderAdministration expenses, then reasonable funeral expenses, then § 1811(2) debt order (§ 1811(1)–(2)).
Administration costsFuneral preference is expressly subject to administration expenses (§ 1811(1)).
Funeral and last illnessReasonable funeral expenses ahead of debts, after administration; last-illness bills are not a named preferred class (§ 1811(1)–(2)).
Family and homestead allowances§ 1811's funeral-and-debt order does not assign a family-allowance debt class.
Taxes and public claimsFirst preferred debts: federal/New York-law preference; next, taxes assessed on decedent's property before death (§ 1811(2)(a)–(b)).
Secured claimsIn insolvent estate, dividend uses unsecured face amount less court-dated security value; full-face dividend if collateral surrendered (§ 1811(4)).
Support and special debtsDocketed judgments/decrees rank next by their respective priorities; other specified obligations follow (§ 1811(2)(c)–(d)).
General claimsRecognizances, bonds, sealed instruments, notes, bills, unliquidated demands and accounts are last listed debt group (§ 1811(2)(d)).
Underfunded classNo preference within debt class except judgment/decree priorities; due date or suing fiduciary does not confer preference (§ 1811(3)).

Requirements one by one

Funeral expenses and debt order

SCPA § 1811(1) places reasonable funeral expenses ahead of all debts and claims, but “subject to the payment of expenses of administration.” Section 1811(2) then orders debts: federal and New York preferred debts; taxes assessed on the decedent's property before death; docketed judgments and decrees by their own priority; then the listed instruments, demands and accounts.

Secured-creditor dividend

In an insolvent estate, § 1811(4) computes a secured creditor's dividend only on the face amount less the security's value on a court-determined date. The creditor may surrender the security; the established valid claim then receives a dividend based on its full face amount.

Same-class treatment

Section 1811(3) generally bars preference within a debt class, except for the judgment and decree priorities in subdivision 2(c). A debt being due, a suit, or a judgment against the fiduciary does not itself move that debt ahead of its class peers.

What trips people up

An assessed property tax paid on real estate passing to an heir or devisee is charged to that beneficiary under § 1811(2)(b), unless a will directs otherwise. That reimbursement feature is separate from the debt's place in the payment sequence.

Common questions

Do all judgments outrank ordinary accounts? Section 1811(2)(c) gives docketed judgments and entered decrees their named place and their respective priority; a judgment obtained against the fiduciary does not give a debt new preference within its class under § 1811(3).

Is there a special last-illness class in this order? Section 1811(2) lists its preferred debt groups without a last-illness category; classification of a particular bill requires applying the listed groups.

Statutes and sources

  • N.Y. SCPA § 1811(1)–(4). Verbatim current official text, URL, and access dates appear in the source fields above.

Source links

Every statute quoted above, linked, with the date we checked it.

N.Y. SCPA § 1811(1) · accessed 2026-10-05
N.Y. SCPA § 1811(2) · accessed 2026-10-05
N.Y. SCPA § 1811(3) · accessed 2026-10-05
N.Y. SCPA § 1811(4) · accessed 2026-10-05
This page summarizes statutory probate payment priorities, not advice about a specific estate or claim. Claim validity, federal law, liens, and court orders can change the result. Check current official law and consult a licensed adviser before acting.

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