Title SCP, Surrogate's Court Procedure

§ 1504. Renunciation of appointment: retraction thereof\n 1. A testamentary trustee may renounce his appointment by a duly\nacknowledged instrument.\n 2. By like instrument the renunciation may be retracted at any time\nbefore letters have been issued to another in his place or a…

§ 1505. Proceeding when testamentary trustee is also executor or\n administrator\n 1. Where the same person is a testamentary trustee and also the\nexecutor of the will or the administrator upon the same estate,\nproceedings taken by or against him as trustee, as prescribed in th…

§ 1506. Nonliability for acts of predecessor executor\n A trustee who was not an executor of the estate of the same decedent\nshall not be liable for breach of trust committed by the executor in any\nof the following cases:\n 1. He received the assets of the trust pursuant to a f…

§ 1507. Authority to mortgage, sell, lease or exchange\n 1. In any case in which the power to mortgage, sell, lease or\nexchange real property does not exist under the provisions of EPTL\n11-1.1 or for other reasons it is for the best interests of the trust,\nthe court of the cou…

§ 1508. Authority to release claims against the state by reason of\n appropriation of trust property not subject to power of sale\n 1. The surrogate of any county having jurisdiction of the trust may,\nby order, authorize any testamentary trustee to release a claim against\nthe s…

§ 1509. Power over lifetime trusts\n Except to the extent inconsistent with other provisions of this act,\nthe surrogate having jurisdiction of a lifetime trust shall have such\npower over the lifetime trust and its trustee as a justice of the\nsupreme court having jurisdiction o…

§ 1601. Legislative declaration of purpose\n It is the intent and purpose of this article that ancillary\nadministration shall be granted in this state only when there is an\nactual administration in the domiciliary jurisdiction. If the law of\nsuch jurisdiction does not provide …

§ 1602. Ancillary probate based upon domiciliary probate\n 1. A written will which upon probate may operate upon any property in\nthis state shall be admitted to probate by the surrogate's court having\njurisdiction over the property upon proof that it has been admitted to\nproba…

§ 1603. Effect of right to contest or of revocation\n 1. If under the law of the testator's domicile the probate or\nestablishment of his will therein is subject to contest within a time\nspecified after probate or establishment, no property shall be\ntransmitted to the domicile …

§ 1604. Ancillary letters on foreign will\n 1. Upon admission of a will to probate under 1602 the court shall\nissue, if such be requested, ancillary letters to the following persons\nin the following order:\n (a) The person expressly appointed in the will as executor with\nrespe…

§ 1605. Original probate\n 1. A will of a non-domiciliary which upon probate may operate upon\nany property in this state and is deemed by the laws of this state to\nhave been validly executed for probate in this state, may be admitted to\nprobate in the same manner as any other …

§ 1606. Proof of will by probate in non-domiciliary jurisdiction\n In the case of original probate of the will of a non-domiciliary\ntestator an authenticated copy of the will and of its probate or\nestablishment in the jurisdiction in which the will was executed shall\nbe suffic…

§ 1607. Ancillary letters of administration\n 1. Upon petition as provided in 1609 and upon proof that letters of\nadministration of the estate of a decedent have been issued by a\ncompetent court in the decedent's domicile or upon proof that under the\nlaw of that jurisdiction l…

§ 1608. Ancillary letters generally\n 1. A person acting in the decedent's domicile as executor or\nadministrator or to administer the decedent's estate in accordance with\nthe law thereof may by an acknowledged instrument designate and\nauthorize the appointment of a person elig…

§ 1609. Petition; process\n 1. A petition for ancillary probate or for ancillary letters of any\nkind may be made by any creditor, public administrator, county treasurer\nor person interested or to whom letters may issue under this article.\nThe petition shall state all of the de…

§ 1610. General powers and duties of ancillary fiduciary\n 1. The provisions of law governing the rights, powers, duties and\nliabilities of a fiduciary apply to a person to whom ancillary letters\nare granted under this article except where a special provision is\notherwise made…

§ 1611. Ancillary administration of estate of absentee\n If it appears that the foreign probate or the grant of foreign\nadministration was based upon the disappearance or absence of the person\non whose property ancillary letters are sought under circumstances as to\nafford reas…

§ 1612. Effect of adjudication for or against fiduciary\n A prior adjudication rendered by a court of competent jurisdiction for\nor against an estate fiduciary shall be as conclusive as to the\nancillary fiduciary in this state as if he were a party to the\nadjudication unless i…

§ 1613. Application of general law\n Except where special provision is made otherwise, the law of this\nstate relating to wills and to the probate, contest and effect thereof\nshall apply in the case of a non-domiciliary testator and the law and\nprocedure of this state relating …

§ 1614. Authentication of foreign will or letters\n In any case in which a foreign will or letters are required to be\nproved under this article, the will or letters shall be authenticated in\nthe manner prescribed by the CPLR.\n

§ 1615. Record of wills and letters recorded under former law\n The record in the court or an authenticated copy of the record of any\nwill recorded pursuant to section 44 of the decedent estate law prior to\nthe effective date of this act shall be presumptive evidence of the\nwi…

§ 1616. Application of article\n This article shall apply only to the wills and estates of\nnon-domiciliaries.\n

§ 1701. Power of court\n The court has power over the property of an infant and is authorized\nand empowered to appoint a guardian of the person or of the property or\nof both of an infant whether or not the parent or parents of the infant\nor child are living. Where the guardian…

§ 1702. Jurisdiction\n 1. Where an infant has no guardian the court may appoint a guardian of\nhis person or property, or of both, in the following cases:\n (a) Where the infant is domiciled in that county or has sojourned\ntherein immediately preceding the application.\n (b) Whe…

§ 1703. Petition for appointment; by whom made\n A petition for the appointment of a guardian of the person or\nproperty, or both, of an infant may be made by any person on behalf of\nthe infant or if the infant be over the age of fourteen years, it may be\nmade by the infant. A …

§ 1704. Petition for appointment; contents\n A petition for the appointment of a guardian of an infant must show:\n 1. The full name, domicile and date of birth of the infant.\n 2. The names of the parents whose consent to the adoption of a child\nwould have been required pursuan…

§ 1705. Persons to be served\n 1. Upon presentation of the petition process shall issue:\n (a) To the parent or parents, and if the infant is married, to the\nspouse, if such persons are within the state and their residences\ntherein are known, or if there be none, to the grandpa…

§ 1706. Proceedings thereupon\n 1. Where process is not issued or upon the return of process, the\ncourt shall ascertain the age of the infant, the amount of his or her\npersonal property, the gross amount of the rents and profits of his or\nher real estate during his or her mino…

§ 1707. Decree appointing guardian; term of office\n 1. If the court be satisfied that the interests of the infant will be\npromoted by the appointment of a guardian or by the issuance of\ntemporary letters of guardianship of his or her person or of his or her\nproperty, or of bo…

§ 1708. Bonding Requirements; Investment of Guardianship Funds\n 1. Except as provided in this section, all property of the infant\nshall be secured by bond as provided in this act.\n 2. (a) The court may dispense with a bond wholly or partly and direct\nthat the guardian jointly…

§ 1709. Appointment of guardian by supreme court\n 1. Where the supreme court appoints a guardian of an infant's person\nor property, or both, a certified copy of the order or decree appointing\nthe guardian and of the bond given by the guardian shall be filed in the\nsurrogate's…

§ 1710. Will or deed containing appointment to be proved\n A person shall not exercise within the state any power or authority as\nguardian of the person or property of an infant by virtue of the\nappointment by the will of an infant's parent, being a domiciliary and\ndying after…

§ 1711. Guardian by will or deed; qualification; renunciation\n 1. Where a deed containing the appointment of a guardian is not\nrecorded within 3 months after the death of the grantor, the person\nappointed is presumed to have renounced the appointment and if a\nguardian is ther…

§ 1712. Appointment of successor\n When no guardian by will or deed remains in office a guardian may be\nappointed by the court with all the powers conferred by the will or deed\nand with the effect prescribed in 706 of this act unless such\nappointment would be contrary to the e…

§ 1713. Administration of infant's property\n 1. Upon the petition of the guardian or of the infant or of any person\nin his behalf, the court, upon notice to such persons, if any, it deems\nproper, may by order direct the application by the guardian of the\ninfant's property to\…

§ 1714. Power to manage during minority property vested in an infant\n The donee of a power to manage during minority property vested in an\ninfant resulting from an ineffectual attempt by will or deed to appoint\nthe donee as guardian shall be subject to the provisions of this\n…

§ 1715. Authority of guardian to sell, lease, exchange or mortgage\n 1. The surrogate's court of the county from which letters were issued\nto the guardian of the property of an infant may, in accordance with\nthis section, authorize the guardian in the name of the infant to sell…

§ 1716. Application for ancillary letters to foreign guardians\n 1. Where an infant is domiciled within a state of the United States\nother than this state, or the District of Columbia, the Commonwealth of\nPuerto Rico or a territory or possession of the United States and is\nent…

§ 1717. Proceedings thereupon\n 1. Where the court is satisfied upon the papers presented as\nprescribed in the preceding section that the case is within that section\nand that it will be for the infant's interest that ancillary letters\nissue to the petitioner, it may make a dec…

§ 1718. Effect of such letters\n 1. Ancillary letters of guardianship shall be issued as prescribed in\nthe preceding section, without security, except as provided in that\nsection.\n 2. They authorize the person to whom they are issued to demand and\nreceive the personal propert…

§ 1719. Annual account\n A guardian of an infant's property must within the counties within the\ncity of New York and within the counties of Nassau, Orange, Suffolk and\nWestchester annually within 30 days after the anniversary of his\nappointment and within every other county in…

§ 1720. Affidavit to be annexed thereto\n To each account as prescribed in the preceding section must be\nappended the affidavit of the guardian to the effect that the account is\na true statement according to the best of his knowledge and belief.\n

§ 1721. Annual examination of guardian's accounts\n In the month of February of each year and thereafter until completed\nor at such other time as the court deems proper, the court must for the\npurposes specified in the succeeding section, examine or cause to be\nexamined under …

§ 1722. Proceedings where account defective\n 1. If it appears to the court upon an examination made as prescribed\nin the preceding section or by the report of the special examiner that a\nguardian of an infant's property has omitted to file his annual account\nor the affidavit …

§ 1723. Powers of a guardian of the property.\n 1. A guardian of the property of an infant shall protect, preserve and\nmanage the property of the infant. He shall have the power to sell the\npersonal property of the infant for any purpose connected with the\nfaithful discharge o…

§ 1724. Custodians\n An infant or a custodian acting under part six of article seven of the\nestates, powers and trusts law shall be subject to the jurisdiction of\nthe court in accordance with the provisions of such law.\n

§ 1725. Temporary guardianship by adoptive parent prior to adoption\n 1. Upon the filing of a petition for temporary guardianship, as\ndescribed in section one hundred fifteen-c of the domestic relations\nlaw, or upon the filing of a petition for adoption when no prior\napplicati…

§ 1726. Standby guardians\n 1. For the purpose of this section:\n (a) "Standby guardian" means (i) a person judicially appointed\npursuant to subdivision three of this section as standby guardian of the\nperson and/or property of an infant whose authority becomes effective\nupon …

§ 1727. Petition for termination of account of guardian, committee, or\n conservator\n Where a guardian, committee or conservator is presently maintaining an\naccount on behalf of an infant, incompetent, conservatee or person under\ndisability in an amount not exceeding $10,000.0…

§ 1750. Guardianship of persons who are intellectually disabled\n When it shall appear to the satisfaction of the court that a person is\na person who is intellectually disabled, the court is authorized to\nappoint a guardian of the person or of the property or of both if such\na…