Title SCP, Surrogate's Court Procedure

§ 1209. Reports of deaths and burials 1. Every person keeping a hotel, boarding or rooming house in any of the counties to which this article applies shall report to the public administrator of his county information concerning every person not a member of his family who shall di…

§ 1210. Application for letters; when court may direct probate 1. The public administrator shall have the power to apply for and receive letters as defined in this act. 2. The court may, pursuant to 1402, direct the public administrator to present a petition for the probate of a …

§ 1211. Letters not required; notice to be filed 1. Without the issuance of letters the public administrator in virtue of his office shall have all powers of a fiduciary of a decedent's estate whenever the gross assets of an estate do not exceed in value the monetary amount defin…

§ 1212. Powers before issuance of letters Before letters are issued to him and subject to the provisions of section 1128 of this act the public administrator is authorized to 1. Take possession of, collect and secure the personal property within his county of any person who shall…

§ 1213. General powers 1. The public administrator shall have all the powers specifically granted herein and also the powers given by law to a fiduciary of a decedent's estate. 2. In addition to the foregoing grant of powers and without limitation thereon and subject to the provi…

§ 1214. Service of process The public administrator is authorized to make service of process on creditors, legatees or distributees who are non-domiciliaries of his county by certified mail, return receipt requested, whenever the court by order made in any proceeding shall direct…

§ 1215. When authorized to receive process or appear 1. The public administrator may be authorized by the court to receive process or other notice as a necessary party in the following proceedings: (a) Any proceeding pending in the court where service of process or notice of or i…

§ 1216. Inquiry and subpoena The public administrator may institute an inquiry in any case in which he is authorized to act as to any matter affecting the estate of the decedent. For that purpose he may issue a subpoena or subpoena duces tecum in the name of the court either befo…

§ 1217. When superseded; accounting authorized 1. When the public administrator in virtue of his office has been superseded he shall deliver to the fiduciary who has superseded him all the personal property belonging to the estate which he has in his possession after deducting th…

§ 1218. Appeal; bond The public administrator is authorized to appeal from any decree, order or judgment affecting an estate in his charge or in which he is a party. No bond on his part shall be required to stay execution of the order, decree or judgment from which an appeal is t…

§ 1219. Chief fiscal officer of county appointed administrator; qualifications; fees. A chief fiscal officer of a county appointed administrator of an estate shall qualify in the manner prescribed in 708 of this act, shall be vested with all the powers and rights of an administr…

§ 1301. Definitions In this article: 1. A small estate is the estate of a domiciliary or a non-domiciliary who dies leaving personal property having a gross value of $50,000 or less exclusive of property required to be set off under EPTL 5-3.1 (a). 2. A voluntary administrator is…

§ 1302. Kinds of property This article is not applicable to any interest in real property in this state owned by a decedent, but his owner ship of an interest in real property shall not prevent the use of this article in administering his personal property.

§ 1303. Persons who may become a voluntary administrator. (a) If the deceased dies intestate, the right to act as a voluntary administrator is hereby given first to the surviving adult spouse, if any, of the decedent and if there be none or if the spouse renounce, then in order …

§ 1304. Summary procedure 1. When available. No waiting period after the death of the decedent is required. The procedure prescribed in this article may be used after the decedent's death. 2. Bond. The voluntary administrator need not give a bond. 3. Affidavit. A person may quali…

§ 1305. Discharge of debtor, transfer agent, safe deposit company, bank, trust company or other person The delivery by a voluntary administrator to a debtor, transfer agent, safe deposit company, bank, trust company or other person holding or having custody or possession or contr…

§ 1306. Powers 1. If any person to whom a certificate and receipt are presented by a voluntary administrator refuses to pay, deliver, transfer or issue to the voluntary administrator any personal property of the decedent, the voluntary administrator may maintain an action or proc…

§ 1307. Duties A voluntary administrator shall 1. Deposit in an estate bank account to be opened by him in a bank, trust company, savings bank, savings and loan association or federal savings and loan association in this state, credit union or federal credit union in this state a…

§ 1308. Liability of voluntary administrator collecting assets 1. A voluntary administrator shall be answerable and accountable to all persons including creditors and distributees of the decedent, beneficiaries named in the will filed with the affidavit and to any fiduciary there…

§ 1309. General provisions 1. The use of this article in the settlement of a small estate without the formality of court administration is permissive and not mandatory. 2. As a matter of comity a debtor, transfer agent, safe deposit company, bank, trust company or person in this …

§ 1310. Payment of certain debts without administration 1. As used in this section (a) "Debt" means (i) money or securities payable on account of a deposit in a bank, national bank, trust company, branch of a foreign banking corporation, savings bank, industrial bank, state or fe…

§ 1311. Administration of funds payable under social security act of the United States, the unemployment insurance law and the workmen's compensation law. 1. In virtue of his office and without issuance of letters each public administrator, and in counties having no public admini…

§ 1312. Construction This article is remedial and shall be given a liberal construction.

§ 1401. Proceeding to compel production of will Whenever it shall appear to the court, sua sponte, or by the petition of a person authorized under the succeeding section of this act to present a petition for the probate of a will, that there is reasonable ground to believe that a…

§ 1402. Who may propound will; contents of petition; direction of court 1. Who may petition. A petition for the probate of a will may be presented by (a) any person designated in the will as legatee, devisee, fiduciary or guardian or by the guardian of an infant legatee or devise…

§ 1403. Persons to be served; content of process 1. In a proceeding for the probate of a will process must issue to the following persons if not petitioners: (a) The distributees of the testator. (b) The person or persons designated in the will as executor except that a person de…

§ 1404. Witnesses to be examined; proof required 1. Except as otherwise provided in this article, 2 at least, of the attesting witnesses must be produced before the court and examined before a written will is admitted to probate if so many of the witnesses are within the state an…

§ 1405. When court may dispense with testimony of witness 1. The death, absence from the state or incompetency of an attesting witness required to be examined as prescribed in this or the preceding section or the fact that the witness cannot with due diligence be found within the…

§ 1406. Proof of will by affidavit of attesting witness out of court 1. In addition to other procedures prescribed for the proof of wills, any or all of the attesting witnesses to a will may at the request of the testator or after his death, at the request of the executor named i…

§ 1407. Proof of lost or destroyed will A lost or destroyed will may be admitted to probate only if 1. It is established that the will has not been revoked, and 2. Execution of the will is proved in the manner required for the probate of an existing will, and 3. All of the provis…

§ 1408. Probate not allowed unless court satisfied 1. Before admitting a will to probate the court must inquire particularly into all the facts and must be satisfied with the genuineness of the will and the validity of its execution. The court may, however, accept an affidavit of…

§ 1409. Notice of probate 1. Before letters are issued there shall be filed in the court a notice entitled in the proceeding stating the name of the testator, the name and address of the proponent, and that the will of the testator has been offered for probate or probated, as the…

§ 1410. Who may file objections to probate of an alleged will Any person whose interest in property or in the estate of the testator would be adversely affected by the admission of the will to probate may file objections to the probate of the will or of any portion thereof except…

§ 1411. Citation upon filing of objections 1. Whenever objections are filed to the probate of a will, the proponent shall submit to the court for issuance a citation returnable at a motion term of the court (a) reciting that objections have been filed to the will offered for prob…

§ 1412. Preliminary letters testamentary 1. Whenever a petition for probate of a will (other than a lost or destroyed will) has been filed and process has issued thereon, an executor named in the will may file with the court a written request for the issuance to him of preliminar…

§ 1413. Revocation of letters upon proof of will Where temporary letters of administration, preliminary letters testamentary or letters of administration on the ground of intestacy have been granted and a will is thereafter admitted to probate and letters issued thereupon or wher…

§ 1414. When letters testamentary may be issued 1. After a will has been admitted to probate any person entitled to letters thereunder who is eligible and who appears and qualifies is entitled to letters testamentary. 2. Where a judgment has been rendered in an action establishin…

§ 1415. Supplementary letters, executors not named in letters not to act If the disability of an infant or a noncitizen named as an executor in a will be removed before the administration of the estate is completed he shall be entitled on petition showing the facts to supplementa…

§ 1416. Executor failing to qualify or renounce; how excluded 1. Upon the application of a fiduciary, a person interested or a creditor, the court shall direct an executor named in a will to qualify within a time specified by the court or in default of so doing to be deemed to ha…

§ 1417. Renunciation by nominated executor; retraction thereof 1. A person named as executor in a will may renounce his right to letters testamentary by an acknowledged instrument. 2. A renunciation may be retracted by an instrument executed in like manner as required for the exe…

§ 1418. Letters of administration with will annexed; when and to whom granted 1. If no person is named as executor in the will or selected by virtue of a power contained therein or if at any time there is no executor or administrator with will annexed qualified to act, upon the a…

§ 1419. Process; renunciation or exclusion of persons having prior or equal right Every eligible person having a right to letters of administration with the will annexed prior or equal to that of the petitioner including an infant, incompetent or conservatee whose guardian, commi…

§ 1420. Proceeding for construction of will; effect of decree 1. A fiduciary or a person interested in obtaining a determination as to the validity, construction or effect of any provision of a will may present to the court in which the will was probated a petition showing the in…

§ 1421. Election by surviving spouse 1. Any person interested in obtaining a determination as to the validity or effect of an election to take a share under EPTL 5-1.1 or EPTL 5-1.1-A may present to the court in which the will was probated or from which letters of administration …

§ 1422. Record of wills; evidence A certified copy of the record of the decree admitting a will to probate and of the record of the will so admitted to probate shall be received in evidence in any court in any action or proceeding with the same force and effect as if the original…

§ 1423. Record of wills in former courts of probate; evidence The exemplification of the record of a will proved before the judge of the former court of probate and recorded in his office before January 1, 1785, certified under the seal of the officer having custody of the record…

§ 1424. Foreign wills; evidence after lapse of time The exemplification of the record of a will which has been duly proved before a court or officer of competent jurisdiction in any other state, shall, when certified by the officer having by law custody of the record at the time …

§ 1501. Application of act to trusts 1. The provisions of this act apply to any of the following trusts without regard to the domicile of the trustee or to the time of the execution of the will or of the creation of the lifetime trust: (a) A trust created by the will of a domicil…

§ 1502. Appointment of trustee 1. The court may appoint a trustee or successor or successors or co-trustee or co-trustees whenever there is no trustee able to act or all or one of the trustees is unable to act and a successor or co-trustee in his or their place is necessary in or…

§ 1503. Qualification of trustee appointed by another court When the supreme court appoints a testamentary trustee a certified copy of the order or decree of appointment and of the bond given by the trustee shall be filed in the surrogate's court of the county having jurisdictio…