Title SCP, Surrogate's Court Procedure

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

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

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

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

§ 1213. General powers\n 1. The public administrator shall have all the powers specifically\ngranted herein and also the powers given by law to a fiduciary of a\ndecedent's estate.\n 2. In addition to the foregoing grant of powers and without limitation\nthereon and subject to th…

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

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

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

§ 1217. When superseded; accounting authorized\n 1. When the public administrator in virtue of his office has been\nsuperseded he shall deliver to the fiduciary who has superseded him all\nthe personal property belonging to the estate which he has in his\npossession after deducti…

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

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

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

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

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

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

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

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

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

§ 1308. Liability of voluntary administrator collecting assets\n 1. A voluntary administrator shall be answerable and accountable to\nall persons including creditors and distributees of the decedent,\nbeneficiaries named in the will filed with the affidavit and to any\nfiduciary …

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

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

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

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

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

§ 1402. Who may propound will; contents of petition; direction of court\n 1. Who may petition. A petition for the probate of a will may be\npresented by\n (a) any person designated in the will as legatee, devisee, fiduciary\nor guardian or by the guardian of an infant legatee or …

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

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

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

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

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

§ 1408. Probate not allowed unless court satisfied\n 1. Before admitting a will to probate the court must inquire\nparticularly into all the facts and must be satisfied with the\ngenuineness of the will and the validity of its execution. The court\nmay, however, accept an affidav…

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

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

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

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

§ 1413. Revocation of letters upon proof of will\n Where temporary letters of administration, preliminary letters\ntestamentary or letters of administration on the ground of intestacy\nhave been granted and a will is thereafter admitted to probate and\nletters issued thereupon or…

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

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

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

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

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

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

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

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

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

§ 1423. Record of wills in former courts of probate; evidence\n The exemplification of the record of a will proved before the judge of\nthe former court of probate and recorded in his office before January 1,\n1785, certified under the seal of the officer having custody of the\nr…

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

§ 1501. Application of act to trusts\n 1. The provisions of this act apply to any of the following trusts\nwithout regard to the domicile of the trustee or to the time of the\nexecution of the will or of the creation of the lifetime trust:\n (a) A trust created by the will of a d…

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

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