Eliminates the $5,000 limit on small estates for which a public administrator must file an informatory accounting; substitutes the limit established by law for small estates.
STATE OF NEW YORK
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4008
2011-2012 Regular Sessions
IN SENATE
March 14, 2011
___________
Introduced by Sen. JOHNSON -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary
AN ACT to amend the surrogate's court procedure act, in relation to the
filing by a public administrator of an informatory accounting for a
small estate
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (c) of subdivision 2 of section 1213 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 (c) File in the court after the expiration of 7 months from the time
5 he or she commences to act as fiduciary of the estate an informatory
6 account in estates in which the gross value of the assets accounted for
7 [is less than $5,000] does not exceed the monetary amount defined as a
8 small estate pursuant to section 1301 of this act and a copy of such
9 account shall be mailed by certified mail, return receipt requested, to
10 each of the persons entitled to receive process upon an accounting
11 proceeding provided the names and addresses of such persons be known to
12 him or her. Unless objection or claim be properly filed in the court
13 within 30 days from mailing such account a final decree settling his or
14 her account may be entered without further notice or proceedings and
15 with the same effect as in an accounting proceeding and he or she shall
16 be entitled to the commissions, costs and allowances allowed him or her
17 by the court in the decree.
18 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07225-01-1
