STATE OF NEW YORK
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6653--A
Cal. No. 626
IN SENATE
March 8, 2012
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Introduced by Sens. BONACIC, HASSELL-THOMPSON -- (at request of the
Office of Court Administration) -- read twice and ordered printed, and
when printed to be committed to the Committee on Judiciary -- reported
favorably from said committee, ordered to first report, amended on
first report, ordered to a second report, and to be reprinted as
amended, retaining its place in the order of second report
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.
LBD14236-02-2
S. 6653--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.
