STATE OF NEW YORK
________________________________________________________________________
5696
2025-2026 Regular Sessions
IN ASSEMBLY
February 20, 2025
___________
Introduced by M. of A. R. CARROLL -- read once and referred to the
Committee on Judiciary
AN ACT to amend the surrogate's court procedure act, in relation to
establishing a division of the public administrator within the office
of the corporation counsel for the city of New York; and to repeal
certain provisions of such act relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Article 11 of the surrogate's court procedure act is
2 REPEALED and a new article 11 is added to read as follows:
3 ARTICLE 11
4 DIVISION OF THE PUBLIC ADMINISTRATOR FOR THE CITY OF
5 NEW YORK
6 Section 1101. Definitions.
7 1102. Division of the public administrator; director; employees.
8 1103. General powers of the director.
9 1104. Oath and bond.
10 1105. Commissions.
11 1106. Deposit of funds.
12 1107. Responsibility of the city.
13 1108. Authority to act.
14 1109. Reports of deaths and burials.
15 1110. Inquiry and subpoena.
16 1111. Letters not required for small estates.
17 1112. Application for letters; when court may direct probate.
18 1113. No separate bond or oath.
19 1114. Powers before issuance of letters.
20 1115. Notice to consuls.
21 1116. Appearance by consuls.
22 1117. Grant of letters to others.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07625-01-5
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1 1118. Delivery of estate assets to fiduciary; expenses, costs
2 and commissions.
3 1119. Appeal; bond.
4 1120. Property without value where no administration had.
5 1121. Disposition of records after 10 years.
6 § 1101. Definitions
7 For purposes of this article, the following terms shall have the
8 following meanings:
9 1. "Division" shall mean the division of public administrator estab-
10 lished by section 1102 of this article.
11 2. "Director" shall mean the director of the division.
12 § 1102. Division of the public administrator; director; employees
13 1. There is hereby created within the office of the corporation coun-
14 sel for the city of New York, a division of the public administrator to
15 have and exercise the functions, powers and duties provided by the
16 provisions of this article.
17 2. The head of the office shall be the director, who shall be
18 appointed by the mayor of the city of New York, and shall hold office at
19 the pleasure of the mayor by whom they were appointed or until their
20 successor is appointed and has qualified.
21 3. Subject to the provisions of this article and the civil service
22 law, and rules and regulations adopted pursuant thereto, the director
23 may appoint such other officers and employees as may be necessary,
24 prescribe their duties, fix their compensation and provide for payment
25 of their reasonable expenses, all within amounts as may be allowed annu-
26 ally in the budget of the city of New York. The director may transfer
27 officers or employees from their positions to other positions in the
28 division, or abolish or consolidate such positions.
29 4. The director acting by and through the division shall have powers
30 set forth in section 1103 of this article.
31 § 1103. General powers of the director
32 1. The director shall have all the powers specifically granted pursu-
33 ant to this article and also the powers given by law to a fiduciary of a
34 decedent's estate.
35 2. In addition to the foregoing grant of powers and without limitation
36 thereon the director is authorized to:
37 (a) Sell personal property of the decedent at public auction pursuant
38 to notice appearing for 3 successive days prior to the sale in a newspa-
39 per published in the county having jurisdiction over the estate.
40 (b) Retain marketable securities beyond 4 months after letters have
41 been granted to them provided that the court has so permitted by order.
42 (c) Serve process on creditors, legatees or other persons interested,
43 distributees, domiciled outside the city of New York by certified mail,
44 return receipt requested, whenever directed by the court by order in any
45 proceeding, notwithstanding the provisions of section 308 of this act.
46 Such service shall be valid if made at least 30 days before the return
47 date thereof.
48 (d) Distribute without an accounting proceeding the assets of any
49 estate defined as a small estate in subdivision 1 of section 1301 of
50 this act and upon distribution to take the costs and commissions ordi-
51 narily allowed by the court upon the entry of a decree upon final
52 accounting.
53 (e) File in the court an informatory account in a form prescribed by
54 rule where the gross value of the assets of the estate accounted for is
55 more than $500 and less than that as defined as a small estate in subdi-
56 vision 1 of section 1301 of this act and shall serve a copy of such
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1 informatory accounting by certified mail on all interested parties at
2 least 30 days prior to filing with the court.
3 (f) Pay for the use and benefit of an infant distributee or legatee
4 who has no guardian of the property the share of legacy due the infant
5 if not exceeding $5,000 by payment thereof in the discretion of the
6 director to a parent or to an adult competent person with whom the
7 infant resides.
8 (g) Pay or deliver to the commissioner of finance of the city of New
9 York the balance of any moneys or other assets in their hands remaining
10 after settlement of their account or the filing of an informatory
11 account, where payable to persons under disability or whose shares are
12 to be deposited pursuant to section 2218 of this act.
13 (h) Apply ex parte or upon such notice as directed by the court for an
14 order or decree in any appropriate proceeding requiring the city of New
15 York to return to the director any money or unliquidated assets thereto-
16 fore deposited by the director and remaining in the treasury of the city
17 of New York and upon further order of the court to make distribution of
18 such recovered funds to the persons entitled thereto.
19 (i) Receive process or other notice as a necessary party in the
20 following proceedings:
21 (1) Any proceeding pending in the court where service of process or
22 notice in behalf of any known or unknown person is directed by the court
23 or where the court by order directs the director to appear therein.
24 (2) Every proceeding for the appointment of an administrator or for
25 the probate of a will where it does not appear that the persons applying
26 or named in the petition are all the distributees of the decedent or
27 where it appears that such persons are related to the decedent in the
28 fourth degree of consanguinity or are more remotely related.
29 (3) Ever proceeding to effect distribution of moneys or property
30 deposited for the account of unknown persons or of infants or incompe-
31 tents, or of known persons whose shares were deposited pursuant to
32 section 2218 of this act. In any such proceeding the director shall be
33 deemed a person interested.
34 (4) In all such proceedings the director, in their discretion, may
35 take any action in behalf of such person or persons as a person inter-
36 ested might.
37 (j) Designate a designee from within the division to act on their
38 behalf.
39 § 1104. Oath and bond
40 The director of the division before entering upon the duties of their
41 office shall take and file the constitutional oath of office.
42 § 1105. Commissions
43 1. The director shall retain over and above all necessary expenses
44 upon all moneys which shall come under the control of the division the
45 same commissions as are now or may hereafter be allowed by law to fidu-
46 ciaries under section 2307 of this act.
47 2. The value of any real or personal property and the increment there-
48 of received, disbursed or delivered shall be considered as money in
49 computing commissions, except where the real or personal property has
50 been specifically devised or bequeathed.
51 3. On the settlement of the account of the division in each instance,
52 notwithstanding the provisions of subdivisions 1 and 2 of this section,
53 the court may allow reasonable and necessary expenses and disbursements
54 of the division, and in addition, to be fixed by the court.
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1 4. The commissions and allowances provided for by this section may be
2 retained by the director in preference to any debts or claims except
3 funeral expenses.
4 5. The director shall pay into the treasury of the city of New York
5 all commissions and allowances received by the division from any source.
6 Such funds shall be used by the city to offset the expenses of the divi-
7 sion and the compensation paid to the director, officers and employees
8 of the division.
9 § 1106. Deposit of funds
10 1. The director shall deposit all moneys collected and received by the
11 division within 5 days after receipt in demand, time, thrift or other
12 accounts in one or more banks or trust companies designated by the
13 mayor, comptroller and commissioner of finance of the deposit of moneys
14 of the city of New York. All interest received on such deposits shall be
15 credited to the respective estates. In case of the insolvency or invol-
16 untary liquidation of the depository all money so deposited shall be
17 entitled to equal priority of payment with that given by law to deposits
18 of money by the state superintendent of banks.
19 2. The director shall whenever required exhibit to the city comp-
20 troller and the surrogate of the county with jurisdiction over the
21 estate the bank books or statements and all other vouchers and documents
22 relating to the division. The comptroller and surrogate shall examine
23 the bank books and statements showing the deposits and the vouchers on
24 which the check is required to be drawn and shall satisfy themself fully
25 as to the correctness thereof and in case of doubt or difficulty they
26 shall report the case to the mayor for their direction.
27 § 1107. Responsibility of the city
28 1. The city of New York shall be answerable for the faithful execution
29 by the director of all the duties of the division and for the applica-
30 tion by them of all moneys and property received by the division and for
31 all moneys and securities and the interest, earnings and dividends ther-
32 eon actually received by the division or which the division should have
33 collected or received.
34 2. Any person aggrieved by any act or omission of the division and any
35 person entitled to receive any money or property for which the division
36 may be held to account, shall have each and every remedy against the
37 city of New York as would be available against a fiduciary in like case
38 and may initiate in the surrogate's court having jurisdiction a proceed-
39 ing for the enforcement of their claim or right and shall serve process
40 thereon on the comptroller of the city. The director then in office
41 shall be a necessary party in such proceeding.
42 § 1108. Authority to act
43 The director shall have authority to take possession of, manage and
44 collect the rents of the real property and take charge of the personal
45 property of an intestate:
46 1. Whenever any person not known to have left them surviving a person
47 eligible to receive letters shall die intestate either within this state
48 or elsewhere leaving any real or personal property within a county
49 located within the city of New York.
50 2. Whenever any personal property of such intestate shall arrive with-
51 in a county located within the city of New York after their death.
52 3. Whenever all of the surviving relatives are not known the director
53 shall conduct a search for all living distributees of the decedent by
54 reference to bank, postal, and telephone records and inquiry of neigh-
55 bors, and other reasonable steps under the circumstances. The director
56 shall maintain records of all responses to such notices.
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1 § 1109. Reports of deaths and burials
2 1. Every person keeping a hotel, boarding or rooming house in any coun-
3 ty located within the city of New York shall report in writing to the
4 director information concerning every person not a member of their fami-
5 ly who shall die in their hotel or house within 12 hours after such
6 death.
7 2. The chief medical examiner or such similar public officer of any
8 county located within the city of New York within 12 hours after an
9 inquest shall report in writing to the director, such information
10 regarding the decedent which they may have.
11 3. Every undertaker doing business in a county located within the city
12 of New York shall file a report in writing with the director within 12
13 hours after receiving an order for the burial by them of any decedent
14 having no known distributees or having been survived only by cousins or
15 relatives by marriage, such information regarding the decedent which
16 they may have.
17 § 1110. Inquiry and subpoena
18 1. The director may institute an inquiry in any case in which they are
19 authorized to act as to any matter affecting the estate of the decedent.
20 2. For the purposes set forth in subdivision 1 of this section, the
21 director may issue a subpoena or subpoena duces tecum either before or
22 after the issuance of letters in the name of the court with the same
23 effect as if either were issued by the court.
24 3. Failure to comply with the directions of the subpoena or subpoena
25 duces tecum shall be punishable as a contempt of court.
26 § 1111. Letters not required for small estates
27 1. Without the issuance of letters the director by virtue of their
28 office shall have all the powers of a fiduciary of a decedent's estate
29 whenever the gross assets of the estate do not exceed the monetary
30 amount defined as a small estate pursuant to subdivision 1 of section
31 1301 of this act.
32 2. In the event the aggregate sum of the assets of an estate in which
33 the director commences to act pursuant to subdivision 1 of this section
34 shall exceed the monetary amount defined as a small estate pursuant to
35 subdivision 1 of section 1301 of this act the director shall forthwith
36 apply for letters.
37 3. The delivery by the director to a debtor, transfer agent or person
38 holding personal property of the decedent of a certificate evidencing
39 their authority to act under this section, their receipt and the surren-
40 der of any evidentiary document shall constitute a complete release and
41 discharge for any payment of money or delivery of property made pursuant
42 to the certificate without such person being required to see to the
43 application thereof and with the same effect as if made to any other
44 fiduciary.
45 § 1112. Application for letters; when court may direct probate
46 1. The director is authorized to apply for and receive letters as
47 defined in this act.
48 2. The court may direct the director to present a petition for probate
49 of a will at any time after it is filed.
50 § 1113. No separate bond or oath
51 The director or any officer or employee of the division shall not be
52 required to file the designation, separate bond or oath required by
53 section 708 of this act before the issuance of letters to the director.
54 § 1114. Powers before issuance of letters
55 Before letters are issued to the director the director is authorized
56 to:
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1 1. Take possession of, collect and secure the personal property within
2 their county of any person who shall die intestate or testate within
3 this state or elsewhere or whose property shall arrive within the county
4 after their death whenever there is no person eligible to act as fiduci-
5 ary of an intestate or of a testator, if the executor named in the will
6 refuses or neglects to act or is dead or their whereabouts are unknown
7 or if they are not eligible to receive letters.
8 2. Take possession of, manage and collect the rents of the real prop-
9 erty of an intestate whose distributees are unknown or, whose distribu-
10 tees if known, are non-domiciliaries or of a testator if the executor
11 named in the will refuses or neglects to act or is dead or their where-
12 abouts are unknown or if they are not eligible to receive letters.
13 3. Pay the funeral expenses of the decedent.
14 4. Sell as and when authorized by the court perishable property or
15 such other property of the decedent as the preservation of the estate
16 requires.
17 5. Sell at public auction all property delivered to them as the
18 effects of persons whose deaths have been reported to them by a hospi-
19 tal, the police department or any other department or person.
20 6. Defray the expenses of the foregoing activities and the expenses
21 incidental their application for letters.
22 § 1115. Notice to consuls
23 When the estate is that of an alien it shall be the duty of the direc-
24 tor when making application for letters to mail a notice to the consular
25 representative of the nation of which the decedent was a citizen or
26 subject if there be any in the city of New York.
27 § 1116. Appearance by consuls
28 1. In any action or proceeding brought by or against the director in
29 which a non-domiciliary alien is a necessary or proper party the consu-
30 lar representative of the country of which the alien is a citizen or
31 subject may appear in person or by attorney in behalf of the alien if
32 the latter shall default in appearance.
33 2. No power of attorney or other specific authority from the alien
34 shall be required as a condition to such appearance.
35 3. Service upon an alien pursuant to paragraph (e) of subdivision 3 of
36 section 307 of this act may be made without prior service of process
37 personally or otherwise upon the alien.
38 4. The interests of alien persons under disability shall, however, be
39 represented in all such proceedings by their guardians of the property,
40 committee of the property or conservators of the property, or by guardi-
41 ans ad litem appointed by the court.
42 § 1117. Grant of letters to others
43 If any eligible distributee of the decedent shall petition to super-
44 sede the director within 4 months after the director has become vested
45 with the powers of a fiduciary on the estate, letters shall be granted
46 to them upon proof that the petitioner did not receive notice of the
47 application by the director and upon the further showing that all
48 persons prior or equal in right have been served and have defaulted or
49 waived; but the court may refuse to supersede the director if 6 months
50 have elapsed since they became vested with the powers of a fiduciary.
51 § 1118. Delivery of estate assets to fiduciary; expenses, costs and
52 commissions
53 When the director has been superseded they shall account and deliver
54 to the fiduciary superseding them all the personal property belonging to
55 the estate which they have in their possession or control after deduct-
56 ing their expenses, costs and commissions as provided by law.
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1 § 1119. Appeal; bond
2 1. The director is authorized to appeal from any order, decree or
3 judgment affecting an estate in the charge of the division or in which
4 they are a party.
5 2. On such an appeal no bond on the part of the director shall be
6 required to stay execution of the order, decree or judgment appealed
7 from.
8 § 1120. Property without value where no administration had
9 Whenever the director shall receive papers or property of a decedent
10 upon whose estate no letters have been issued or whose property is not
11 sufficient to require administration, the director is authorized to
12 abandon or destroy all such papers and property in the possession of the
13 division after 5 years have elapsed from the death of the decedent and
14 upon proof satisfactory to the director that they are without value. The
15 director, the division and the city of New York shall not be liable or
16 held to account for such property.
17 § 1121. Disposition of records after 10 years
18 The director is authorized to destroy the file and all of the papers
19 relating to a decedent after the lapse of 10 years from the completion
20 of the administration of their estate. The director, the division and
21 the city of New York shall not be liable or held to account for such
22 action.
23 § 2. The surrogate's court procedure act is amended by adding a new
24 section 1220 to read as follows:
25 § 1220. Administrative board for the offices of the public administra-
26 tors
27 1. An administrative board for the offices of the public administra-
28 tors of the state of New York is hereby created. The board shall consist
29 of 13 members of whom 5 shall be surrogate court judges, 1 each selected
30 by the presiding justice of the appellate divisions of the first, third
31 and fourth departments and 2 selected by the presiding justice of the
32 appellate division of the second department of whom 1 shall be a surro-
33 gate from a county within the city of New York and 1 shall be a surro-
34 gate from a county outside the city of New York, 3 members shall be
35 selected by the chief administrative judge of the state of New York, 2
36 members shall be selected by the president of the New York state bar
37 association of whom 1 shall be a resident of the city of New York and 1
38 member each shall be selected by the state comptroller, the attorney
39 general and the president of the New York state surrogates' association.
40 The 3 members selected by the chief administrative judge of the state of
41 New York, and the members selected by the state comptroller, the attor-
42 ney general, and the president of the New York state bar association,
43 shall not be surrogate court judges or employees of the surrogates
44 court. Each member shall serve without compensation but shall be reim-
45 bursed for expenses actually and necessarily incurred in the performance
46 of their official duties for the board from the moneys appropriated to
47 the office of court administration. Notwithstanding any inconsistent
48 provisions of this or any other law, general, special or local, no offi-
49 cer or employee of the state or any public corporation, as defined in
50 article 2-A of the general construction law, shall be deemed to have
51 forfeited or shall forfeit their office or employment or any benefits
52 provided under the retirement and social security law or under any
53 public retirement system maintained by the state or any of its subdivi-
54 sions by reason of their being a member of the board.
55 2. The board shall establish guidelines and uniform fee schedules for
56 the operation of the offices of public administrators. These guidelines
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1 shall include but are not limited to rules for the initial inspection of
2 the decedent's premises and guidelines for the selection and compen-
3 sation of investigators, appraisers, accountants, warehouses, auctio-
4 neers and procedures for the disposal of personal property. With
5 respect to real property the board shall be responsible for preparing
6 uniform procedures for sale; fixing a schedule of approved expenses
7 attendant to such a sale; appraisals, title fees and broker's commis-
8 sions.
9 § 3. This act shall take effect on the first of January next succeed-
10 ing the date on which it shall have become a law.
