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A09508 Summary:

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A09508 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9508--A
                                                                Cal. No. 471
 
                   IN ASSEMBLY
 
                                      March 7, 2012
                                       ___________
 
        Introduced  by  M.  of  A. RYAN, WEINSTEIN, LAVINE, WEPRIN, ZEBROWSKI --
          Multi-Sponsored by -- M. of A. QUART -- (at request of the  Office  of
          Court  Administration)  --  read once and referred to the Committee on
          Judiciary -- passed by Assembly and delivered to the Senate,  recalled

          from  the  Senate, vote reconsidered, bill amended, ordered reprinted,
          retaining its place on the order of third reading
 
        AN ACT to amend the surrogate's court procedure act, in relation to  the
          settlement of informatory accounts by public administrators
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph (e) of subdivision  2  of  section  1123  of  the
     2  surrogate's  court  procedure act, as amended by chapter 655 of the laws
     3  of 1993, is amended to read as follows:
     4    (e) File in the court an informatory account in a form  prescribed  by
     5  rule where the gross value of the assets of the estate accounted for [is
     6  more  than  $500  and  less  than  that as] does not exceed the monetary

     7  amount defined as a small estate in subdivision 1  of  section  1301  of
     8  this act and shall serve a copy of such informatory accounting by certi-
     9  fied  mail  on  all  interested parties at least 30 days prior to filing
    10  with the court.
    11    § 2. Paragraph (c) of subdivision 2 of section 1213 of the surrogate's
    12  court procedure act, as amended by chapter 655 of the laws of  1993,  is
    13  amended to read as follows:
    14    (c)  File  in the court after the expiration of 7 months from the time
    15  he or she commences to act as fiduciary of  the  estate  an  informatory
    16  account  in estates in which the gross value of the assets accounted for
    17  [is less than $5,000] does not exceed the monetary amount defined  as  a
    18  small estate pursuant to subdivision 1 of section 1301 of this act and a

    19  copy  of  such account shall be mailed by certified mail, return receipt
    20  requested, to each of the persons entitled to receive  process  upon  an
    21  accounting  proceeding  provided the names and addresses of such persons
    22  be known to him or her.  Unless objection or claim be properly filed  in
    23  the court within 30 days from mailing such account a final decree settl-
    24  ing  his  or  her  account  may  be  entered  without  further notice or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14236-03-2
        A. 9508--A                          2
 
     1  proceedings and with the same effect as in an accounting proceeding  and

     2  he  or  she  shall  be entitled to the commissions, costs and allowances
     3  allowed him or her by the court in the decree.
     4    §  3.  This act shall take effect immediately; provided, however, that
     5  it shall apply only to the estates of decedents who shall have  died  on
     6  or after such effective date.