Title SCP, Surrogate's Court Procedure

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

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

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

§ 713. Hearing; decree\n Upon the return of process issued as prescribed in the preceding\nsection the court may make a decree suspending, modifying or revoking\nthe letters issued to or removing the respondent or modifying the terms\nof his appointment or may dismiss the proceed…

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

§ 715. Application by fiduciary for permission to resign\n A fiduciary may present to the court at any time a petition praying\nthat he or she be permitted to resign, that his or her letters be\nrevoked and that he or she be permitted to settle his or her account\njudicially or i…

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

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

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

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

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

§ 721. Preceding section qualified\n The preceding section does not affect the liability of a person to\nwhom money or other property has been delivered as distributee or\nlegatee to respond to the person lawfully entitled thereto, where\nletters are revoked because a supposed de…

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

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

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

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

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

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

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

§ 804. Bond required when assets deposited with bank or trust company\n serving as co-fiduciary\n When a bank or trust company is a fiduciary and is nominated to serve\nor is serving with one or more individual fiduciaries the court may make\nan order directing the deposit of ass…

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

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

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

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

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

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

§ 811. General conformity of bonds to CPLR\n The provisions of this article shall govern bonds in this court but to\nthe extent consistent with such provisions and as to matters of detail\nnot provided for herein the provisions of CPLR article 25 shall also\napply.\n

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

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

§ 903. General powers of temporary administrator\n 1. Letters of temporary administration shall confer upon the person\nnamed therein, subject to any limitation contained in an instrument\noffered for probate, all the powers and authority with respect to all\nreal and personal pr…

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

§ 906. Payment of claims by temporary administrator\n At any time after the issuance of letters of temporary administration,\nprocess may issue to a temporary administrator requiring him to show\ncause why he should not pay the petitioner's claim. The court may\ndismiss the petit…

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

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

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

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