Title SCP, Surrogate's Court Procedure

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

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

§ 1751. Petition for appointment; by whom made\n A petition for the appointment of a guardian of the person or\nproperty, or both, of a person who is intellectually disabled or a\nperson who is developmentally disabled may be made by a parent, any\ninterested person eighteen year…

§ 1752. Petition for appointment; contents\n The petition for the appointment of a guardian shall be filed with the\ncourt on forms to be prescribed by the state chief administrator of the\ncourts. Such petition for a guardian of a person who is intellectually\ndisabled or a pers…

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

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

§ 1755. Modification order\n Any person who is intellectually disabled or person who is\ndevelopmentally disabled eighteen years of age or older, or any person\non behalf of any person who is intellectually disabled or person who is\ndevelopmental disabled for whom a guardian has…

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

§ 1757. Standby guardian of a person who is intellectually disabled or\n person who is developmentally disabled\n 1. Upon application, a standby guardian of the person or property or\nboth of a person who is intellectually disabled or person who is\ndevelopmentally disabled may b…

§ 1758. Court jurisdiction\n 1. The jurisdiction of the court to hear proceedings pursuant to this\narticle shall be subject to article eighty-three of the mental hygiene\nlaw.\n 2. After the appointment of a guardian, standby guardian or alternate\nguardians, the court shall hav…

§ 1759. Duration of guardianship\n 1. Such guardianship shall not terminate at the age of majority or\nmarriage of such person who is intellectually disabled or person who is\ndevelopmentally disabled but shall continue during the life of such\nperson, or until terminated by the …

§ 1760. Corporate guardianship\n No corporation may be appointed guardian of the person under the\nprovisions of this article, except that a non-profit corporation\norganized and existing under the laws of the state of New York and\nhaving the corporate power to act as guardian o…

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

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

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

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

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

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

§ 1807. Effect of allowance of claim by fiduciary\n 1. Whenever a fiduciary shall allow a claim other than the fiduciary's\nown the validity of the claim shall thereby be established, but if it\nshall appear that the claim was improperly allowed or was fraudulently\nor negligentl…

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

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

§ 1810. Claimant's right to action at law or in equity\n Nothing in this article shall prevent a claimant from commencing an\naction on his claim at law or in equity, provided that where a claim has\nbeen presented and rejected or deemed rejected pursuant to 1806 in whole\nor in …

§ 1811. Payment of debts and funeral expenses\n 1. The reasonable funeral expenses of the decedent subject to the\npayment of expenses of administration shall be preferred to all debts\nand claims against his estate and shall be paid out of the first moneys\nreceived by his fiduc…

§ 1812. Leave to issue execution against decedent's real property\n For the purpose of procuring a decree granting leave to issue\nexecution against a decedent's real property a judgment creditor shall\npresent to the court a verified petition showing the facts and praying\nfor s…

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

§ 1914. Execution of the order; decree of judicial settlement\n 1. When the order has been fully executed the fiduciary shall file, on\nor before the adjourned day of the judicial settlement, a supplemental\naccount setting forth his proceedings under the order, the amount of the…

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

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

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

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

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

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

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

§ 1922. Conclusive presumption after 10 years.\n An action or proceeding to set aside any disposition of the real\nproperty of a decedent pursuant to an order granted under this article\nor under article 13 of the surrogate's court act by reason of lack of\njurisdiction over any …

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

§ 2001. Definition\n When used in this article the term fiduciary includes, where no\nfiduciary has been appointed, any person in actual or constructive\npossession of any property required to be included in the gross estate\nor the New York gross estate of the decedent as determ…