Title SCP, Surrogate's Court Procedure

§ 1750-a. Guardianship of persons who are developmentally disabled 1. When it shall appear to the satisfaction of the court that a person is a person who is developmentally disabled, the court is authorized to appoint a guardian of the person or of the property or of both if such…

§ 1750-b. Health care decisions for persons who are intellectually disabled 1. Scope of authority. Unless specifically prohibited by the court after consideration of the determination, if any, regarding a person who is intellectually disabled's capacity to make health care decisi…

§ 1751. Petition for appointment; by whom made A petition for the appointment of a guardian of the person or property, or both, of a person who is intellectually disabled or a person who is developmentally disabled may be made by a parent, any interested person eighteen years of …

§ 1752. Petition for appointment; contents The petition for the appointment of a guardian shall be filed with the court on forms to be prescribed by the state chief administrator of the courts. Such petition for a guardian of a person who is intellectually disabled or a person wh…

§ 1753. Persons to be served 1. Upon presentation of the petition, process shall issue to: (a) the parent or parents, adult children, if the petitioner is other than a parent, adult siblings, if the petitioner is other than a parent, and if the person who is intellectually disabl…

§ 1754. Hearing and trial 1. Upon a petition for the appointment of a guardian of a person who is intellectually disabled or person who is developmentally disabled eighteen years of age or older, the court shall conduct a hearing at which such person shall have the right to jury …

§ 1755. Modification order Any person who is intellectually disabled or person who is developmentally disabled eighteen years of age or older, or any person on behalf of any person who is intellectually disabled or person who is developmental disabled for whom a guardian has been…

§ 1756. Limited guardian of the property When it shall appear to the satisfaction of the court that such person who is intellectually disabled or person who is developmentally disabled for whom an application for guardianship is made is eighteen years of age or older and is wholl…

§ 1757. Standby guardian of a person who is intellectually disabled or person who is developmentally disabled 1. Upon application, a standby guardian of the person or property or both of a person who is intellectually disabled or person who is developmentally disabled may be appo…

§ 1758. Court jurisdiction 1. The jurisdiction of the court to hear proceedings pursuant to this article shall be subject to article eighty-three of the mental hygiene law. 2. After the appointment of a guardian, standby guardian or alternate guardians, the court shall have and r…

§ 1759. Duration of guardianship 1. Such guardianship shall not terminate at the age of majority or marriage of such person who is intellectually disabled or person who is developmentally disabled but shall continue during the life of such person, or until terminated by the court…

§ 1760. Corporate guardianship No corporation may be appointed guardian of the person under the provisions of this article, except that a non-profit corporation organized and existing under the laws of the state of New York and having the corporate power to act as guardian of a p…

§ 1761. Application of other provisions To the extent that the context thereof shall admit, the provisions of article seventeen of this act shall apply to all proceedings under this article with the same force and effect as if an "infant", as therein referred to, were a "person w…

§ 1802. Effect of failure to present claim If any claim is not presented within 7 months from the date of issue of letters, the fiduciary shall not be chargeable for any assets or moneys that he may have paid in good faith in satisfaction of any lawful claims or of any legacies o…

§ 1803. Form and verification of claims; service of notice 1. Every claim against the estate of a decedent other than claims for expenses of administration and claims of the United States or the state of New York must be in writing, contain a statement of the facts upon which it …

§ 1804. Contingent or unliquidated claims; retention of assets for estate taxes 1. Whenever at the death of any person there shall be a contingent or unliquidated claim against the decedent's estate or an outstanding bond, recognizance or undertaking upon which the decedent was p…

§ 1805. Determination of issues arising between representative and the estate; suspension of statute of limitations in certain cases 1. A fiduciary shall not pay out of the property of the decedent any debt alleged to be owing to him by the decedent until proved and allowed by th…

§ 1806. Allowance or rejection of claims 1. Every fiduciary shall promptly give notice in writing to the claimant of the allowance of the claim or of its rejection or of the rejection of some part thereof which he specifies. 2. A notice rejecting a claim in whole or in part shall…

§ 1807. Effect of allowance of claim by fiduciary 1. Whenever a fiduciary shall allow a claim other than the fiduciary's own the validity of the claim shall thereby be established, but if it shall appear that the claim was improperly allowed or was fraudulently or negligently pai…

§ 1808. Effect of rejection of claim by fiduciary 1. Except as otherwise provided in 1810, whenever a fiduciary rejects a claim in whole or in part all issues relating to the validity and enforceability of the claim shall be tried and determined upon the judicial settlement of hi…

§ 1809. Proceeding to determine validity and enforceability of claims 1. Whenever a fiduciary has knowledge or notice that a claim may be asserted and no written notice of claim has been presented to him or if a fiduciary has reason to question the validity of any claim, whether …

§ 1810. Claimant's right to action at law or in equity Nothing in this article shall prevent a claimant from commencing an action on his claim at law or in equity, provided that where a claim has been presented and rejected or deemed rejected pursuant to 1806 in whole or in part …

§ 1811. Payment of debts and funeral expenses 1. The reasonable funeral expenses of the decedent subject to the payment of expenses of administration shall be preferred to all debts and claims against his estate and shall be paid out of the first moneys received by his fiduciary.…

§ 1812. Leave to issue execution against decedent's real property For the purpose of procuring a decree granting leave to issue execution against a decedent's real property a judgment creditor shall present to the court a verified petition showing the facts and praying for such d…

§ 1813. Disputed or unsettled debt or claim may be compromised, compounded or sold; compromise of infant's claim or action in supreme court 1. Upon the application of a fiduciary or any person (other than a claimant) whose rights or interests will be affected by allowance of the …

§ 1814. Application The provisions of this article are not applicable to trusts or the administration thereof.

§ 1901. Real property subject to disposition; "disposition" and "fiduciary" defined 1. The court may authorize or direct the disposition of a decedent's real property or any interest therein for any of the purposes set forth in the succeeding section. The court may entertain an a…

§ 1902. For what purposes real property is subject to disposition The real property may be disposed of for any or all of the following purposes: 1. For the payment of the expenses of administration. 2. For the payment of funeral expenses. 3. For the payment of the debts of the de…

§ 1903. Limitations 1. Unless a proceeding under this article to satisfy a debt of the decedent is brought within 18 months from the date when letters were issued to the original fiduciary and unless such letters were granted within 2 years after the date of the death of the dece…

§ 1904. Petition and process 1. A proceeding under this article may be instituted by filing of a verified petition by a fiduciary or any person interested. The petition shall include facts showing the condition of the estate. 2. If the petition be entertained process shall issue …

§ 1905. When disposition may be refused or delayed 1. The court may deny the application upon such terms and conditions as justice shall require. 2. If the disposition affects real property and it appears that the net income thereof may be sufficient to make the disposition unnec…

§ 1906. Trial and determination of debts, claims and expenses; statute of limitations 1. If any claim, debt, demand, charge, or expense set forth in the petition presented prior to an application for judicial settlement, or set forth in the account or presented on the judicial se…

§ 1907. Order determining disposition of real property 1. Upon the return of process the court shall inquire into the facts, the value of the property and the best manner and time of disposition. 2. The court may direct the disposition of all or part of the real property, describ…

§ 1908. Order in which parcels shall be sold If the sale of real property is necessary for the purposes set forth in 1902, subdivisions 1, 2, 3 or 4 and the decedent dies seized of more than one distinct parcel, the following rules must be observed in determining the order of sal…

§ 1909. Rights of the parties to be determined; unknowns 1. Where an order is made directing the sale of the real property for distribution or directing the transfer thereof to a spouse or beneficiary the court may fix and determine the rights and interests of the respective part…

§ 1910. Bond of fiduciary 1. In any case where the court directs disposition of the property it may direct the fiduciary to furnish such bond as it may require to insure the execution of the order and the accounting by the fiduciary of all moneys received. 2. The court may requir…

§ 1911. Order to be executed and report made 1. The fiduciary shall thereupon execute the order, subject to the approval of the court, and make a report of his proceedings thereunder. 2. The court may confirm or reject the disposition, extend the order to other parcels or require…

§ 1912. Effect of death of fiduciary 1. In the event of the death, removal or disqualification of all of the fiduciaries before the granting of an order directing disposition of the real property their successor must be substituted and the proceeding shall continue by or against …

§ 1913. Conclusiveness of mortgage, lease, conveyance or release executed pursuant to order The mortgage, lease, conveyance or release made pursuant to an order granted as provided in this article shall bind the remainders and reversions as well as the immediate or future or trus…

§ 1914. Execution of the order; decree of judicial settlement 1. When the order has been fully executed the fiduciary shall file, on or before the adjourned day of the judicial settlement, a supplemental account setting forth his proceedings under the order, the amount of the pro…

§ 1915. Allowance on bid to spouse, beneficiary or creditor purchasing 1. If upon a sale a spouse, beneficiary or creditor of the decedent becomes the purchaser of any of the decedent's real property the court may, upon his application, direct the amount of his elective share, le…

§ 1916. Provision for payment of undetermined claims and debts not yet due If any claim remains undetermined at the making of the decree or any debt is not yet due and the person holding it does not consent to its present payment, the decree shall direct that sufficient funds be …

§ 1917. Effect of conveyance of decedent's interest under contract 1. A conveyance of the decedent's interest in all the real property held by him under a contract for the purchase thereof operates as an assignment of the contract to the purchaser and vests in him, his distribute…

§ 1918. Right of life tenant to be considered in disposition; distribution of moneys realized. 1. Where any party to the proceeding has an existing or inchoate right of dower or curtesy or where any party to the proceeding has a tendancy by dower or curtesy or an estate for life …

§ 1919. Restitution from assets subsequently discovered Where a decree has been made for the application of the proceeds of real property as prescribed in this article and assets which should have been applied thereto are afterward discovered or for any other reason money or othe…

§ 1920. Disposition of surplus in action to enforce mortgage or other lien 1. Where real property liable to be disposed of as prescribed in this act is sold in an action or special proceeding, or otherwise, to enforce a mortgage or other lien thereon which accrued during the dece…

§ 1921. Conveyance of real property by fiduciary to vendee of contract of sale made by decedent 1. Where a decedent dies seized of real property after he has made a contract for the conveyance thereof remaining unexecuted at his death his fiduciary or successor may make a deed re…

§ 1922. Conclusive presumption after 10 years. An action or proceeding to set aside any disposition of the real property of a decedent pursuant to an order granted under this article or under article 13 of the surrogate's court act by reason of lack of jurisdiction over any perso…

§ 1923. Fiduciary of a decedent to notify local assessor of disposition Whenever the fiduciary of a decedent or his successor shall direct, or take part in or discover that his decedent's real property or any interest therein has been transferred at or following such decedent's d…

§ 2001. Definition When used in this article the term fiduciary includes, where no fiduciary has been appointed, any person in actual or constructive possession of any property required to be included in the gross estate or the New York gross estate of the decedent as determined …