Title SCP, Surrogate's Court Procedure

§ 710. Objections which require bond from fiduciary not otherwise required to file bond 1. No bond shall be required of an executor unless required by the will or by 806 or by this section. 2. A person named as executor or a testamentary guardian or trustee who is not required by…

§ 711. Suspension, modification or revocation of letters or removal for disqualification or misconduct In any of the following cases a co-fiduciary, creditor, person interested, any person on behalf of an infant or any surety on a bond of a fiduciary may present to the court havi…

§ 712. Petition; process thereupon; suspension A petition as prescribed in the preceding section must show that the case is one therein specified and, if entertained, process must be issued according to the prayer thereof to the fiduciary against whom relief is sought and to such…

§ 713. Hearing; decree Upon the return of process issued as prescribed in the preceding section the court may make a decree suspending, modifying or revoking the letters issued to or removing the respondent or modifying the terms of his appointment or may dismiss the proceeding u…

§ 714. Certain orders or decrees of other courts to be filed in the surrogate's court Whenever the supreme court shall suspend or remove or accept the resignation of a guardian of an infant's person or property or both, or of a testamentary trustee appointed by it, a certified co…

§ 715. Application by fiduciary for permission to resign A fiduciary may present to the court at any time a petition praying that he or she be permitted to resign, that his or her letters be revoked and that he or she be permitted to settle his or her account judicially or inform…

§ 716. Proceedings thereupon If it shall be determined that the petition should be granted, an intermediate order may be entered forthwith or at any time during the pendency of the proceeding, permitting the petitioner to resign, revoking his or her letters, or removing him or he…

§ 717. Suspension of powers of fiduciaries in war service 1. Whenever a fiduciary is engaged in war service, as defined in this section, such fiduciary or any person interested, may present a petition to the court having jurisdiction, praying for a decree suspending the powers of…

§ 718. Nominated fiduciaries in war service 1. Whenever a person nominated in a will or lifetime trust instrument as executor, guardian or trustee is engaged in war service as defined in the preceding section and is unable to qualify as fiduciary because of such service, his fail…

§ 719. In what cases letters may be suspended, modified or revoked, or a lifetime trustee removed or his powers suspended or modified, without process In any of the following cases, the court may make a decree suspending, modifying or revoking letters issued to a fiduciary from t…

§ 720. Effect and contents of decree suspending, modifying or revoking letters or removing a lifetime trustee or suspending or modifying his powers Upon the entry of a decree made as prescribed in this act, removing a fiduciary or suspending, modifying or revoking his letters iss…

§ 721. Preceding section qualified The preceding section does not affect the liability of a person to whom money or other property has been delivered as distributee or legatee to respond to the person lawfully entitled thereto, where letters are revoked because a supposed deceden…

§ 722. Deposit of securities may be ordered on revocation of letters or removal When upon the revocation of letters or removal of a fiduciary a decree is made in which such fiduciary is personally charged with or directed to pay a sum of money upon a finding that he has made an u…

§ 723. Copy of letters issued to chief fiscal officer of county to be transmitted to comptroller. Within ten days after granting letters to the chief fiscal officer of the county the court must transmit to the state comptroller a certified copy thereof.

§ 724. Inapplicability to lifetime trustees Except as otherwise expressly provided or required by context, this article shall not be applicable to lifetime trustees.

§ 725. Rules relating to estate valuation after letters The chief administrator of the courts shall promulgate rules to insure that, after letters have been granted to a fiduciary and the fee based on the initial value of the estate has been paid, the court is notified of the act…

§ 801. Amount; condition; number of sureties; obligees 1. Amount. Whenever a fiduciary or legal life tenant shall be required to file a bond, the amount thereof, except where the court has reduced it or dispensed therewith, shall be fixed as follows: (a) Executor, administrator, …

§ 802. Approval and filing of bonds; designation of clerk 1. All bonds must be approved by the court. The court may by order authorize one or more clerks or law assistants to approve bonds. Approval of a bond must be endorsed thereon and when so endorsed the bond must be filed in…

§ 803. Deposit of assets to reduce bond 1. Whenever a bond or new surety may be required, if the value of the estate is so great or for other sufficient reasons the court deems it inexpedient to require security in the full amount prescribed by law it may direct that all or part …

§ 804. Bond required when assets deposited with bank or trust company serving as co-fiduciary When a bank or trust company is a fiduciary and is nominated to serve or is serving with one or more individual fiduciaries the court may make an order directing the deposit of assets wi…

§ 805. Bond of administrator, temporary administrator or administrator c.t.a. 1. Before letters are issued to an administrator, temporary administrator or administrator c.t.a. he shall execute and file a bond provided, however, that where the person or persons about to be appoint…

§ 806. Bond of a testamentary trustee or executor acting as trustee Whenever a testamentary trustee is appointed by will or order of the court or an executor is appointed who is required to hold, manage or invest real or personal property for the benefit of another, he shall unle…

§ 807. Bond of a legal life tenant Whenever a legal life tenant is entitled to the possession or control of property under a will, he shall if the court so directs execute and file a bond unless the will expressly provides otherwise.

§ 808. Liability of surety for assets received by principal in another fiduciary capacity 1. A fiduciary is liable for money or other personal property of the estate which was in his hands or under his control when his letters were issued or when he began to serve as lifetime tru…

§ 809. Action or proceeding on bond; disposition of proceeds; summary determination in certain cases 1. When permitted. An action or proceeding on a fiduciary's bond may be brought in either of the following cases if leave of the court by motion on notice to the surety is granted…

§ 810. Application of article to fiduciaries heretofore appointed The provisions of this article shall apply to fiduciaries heretofore appointed and to trusts created before this act takes effect except that its provisions shall not affect in any manner the liability of sureties …

§ 811. General conformity of bonds to CPLR The provisions of this article shall govern bonds in this court but to the extent consistent with such provisions and as to matters of detail not provided for herein the provisions of CPLR article 25 shall also apply.

§ 901. When temporary administration may be granted Temporary administration may be granted if the court finds it is in the best interests of the estate in the following cases: 1. When for any cause delay occurs in the grant of letters on the estate of a decedent or a person alle…

§ 902. Procedure for appointment of temporary administrator 1. If a proceeding is pending for probate of a will or for letters of administration, process shall issue to such persons and in such manner as directed by the court. 2. If no proceeding is pending and the alleged delay …

§ 903. General powers of temporary administrator 1. Letters of temporary administration shall confer upon the person named therein, subject to any limitation contained in an instrument offered for probate, all the powers and authority with respect to all real and personal propert…

§ 905. Actions and proceedings maintainable by or against a temporary administrator 1. A temporary administrator may maintain any action or proceeding for the purpose of taking into his possession, securing and preserving all property of a decedent, absentee or internee or for de…

§ 906. Payment of claims by temporary administrator At any time after the issuance of letters of temporary administration, process may issue to a temporary administrator requiring him to show cause why he should not pay the petitioner's claim. The court may dismiss the petition o…

§ 907. Special powers of temporary administrator in estates of absentees or internees 1. Where it appears to the satisfaction of the court that the spouse, a child or a dependent presumptive distributee of an absentee or internee or the internee himself or herself requires provis…

§ 908. Settlement of temporary administrator's account of a decedent's estate 1. When the time for presentation of claims as fixed by notice duly published has expired or when 7 months have elapsed since the issuance of letters of temporary administration on the estate of a deced…

§ 910. Annual account of internee's estate 1. Except as provided in subdivision 2 a temporary administrator of an internee's property must annually within 30 days after the anniversary of his or her appointment, as long as any of the internee's property or of the proceeds thereof…

§ 911. Final determination and distribution of an absentee's estate 1. If it appears at any time during the administration of the estate that the absentee is in fact dead the temporary administrator or a person interested may petition for the probate of his or her will or the gra…