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A00795 Summary:

A00795 Actions:

A00795 Committee Votes:

Committee:JUDICIARY   Chair:Dinowitz      
DATE:01/28/2019AYE/NAY:21/0  Action: Favorable         
Dinowitz
Aye
Palumbo
Aye
Titus
Aye
Montesano
Aye
Lavine
Aye
Goodell
Aye
Zebrowski
Aye
Norris
Aye
Weprin
Aye
Walsh
Aye
Braunstein
Aye
Byrnes
Aye
Simotas
Aye
Quart
Aye
Buchwald
Aye
Steck
Aye
Seawright
Aye
Joyner
Aye
Abinanti
Aye
Wright
Aye
Wallace
Aye

A00795 Floor Votes:

A00795 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           795
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 11, 2019
                                       ___________
 
        Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
          tee on Judiciary
 
        AN  ACT to amend the surrogate's court procedure act, in relation to the
          granting of letters of administration and  letters  of  administration
          with will annexed
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivisions 6 and 7 of section  1001  of  the  surrogate's
     2  court procedure act, subdivision 6 as amended by chapter 514 of the laws
     3  of 1993 and subdivision 7 as amended by chapter 115 of the laws of 1981,
     4  are amended to read as follows:
     5    6. Letters of administration may be granted to an eligible distributee
     6  or  to an eligible person who is not a distributee upon the acknowledged
     7  and filed consents of all eligible distributees,  or  if  there  are  no
     8  eligible  distributees, then on the consents of all distributees, except
     9  that the guardian of the property of an infant distributee, the  commit-
    10  tee  of the property of an incompetent distributee or the conservator of
    11  property of a conservatee appointed within the State of New York may  so
    12  consent  on  behalf  of  his  ward.  For purposes of this subdivision, a
    13  distributee is eligible if letters of administration could be issued  to
    14  him  or her alone or acting together with the person or persons so nomi-
    15  nated.
    16    7. Letters of administration may be granted  to  a  trust  company  or
    17  other  corporation  authorized to act as fiduciary upon the acknowledged
    18  and filed consents of all eligible distributees [inclusive of those  who
    19  may be non-domiciliary aliens, provided that all such persons are other-
    20  wise  eligible],  or  if  there  are  no  eligible distributees, then on
    21  consents of all distributees, except that the guardian of  the  property
    22  of  an  infant distributee, the committee of the property of an incompe-
    23  tent distributee  or  the  conservator  of  property  of  a  conservatee
    24  appointed  within  the state of New York may so consent on behalf of his
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05253-01-9
        A. 795                              2
 
     1  ward. For purposes of this subdivision, a  distributee  is  eligible  if
     2  letters  of administration could be issued to him or her alone or acting
     3  together with the trust company or other corporation so nominated.
     4    §  2.  Subdivisions  6  and 7 of section 1418 of the surrogate's court
     5  procedure act, subdivision 6 as amended by chapter 115 of  the  laws  of
     6  1981  and  subdivision  7 as amended by chapter 536 of the laws of 1985,
     7  are amended to read as follows:
     8    6. Administration may be granted to an eligible person or persons  not
     9  entitled as beneficiaries upon the acknowledged and filed consent of all
    10  of the eligible beneficiaries, [provided all the beneficiaries are them-
    11  selves eligible. The] or if there are no eligible beneficiaries, then on
    12  the consent of all of the beneficiaries, except that the guardian of the
    13  property  of  an infant beneficiary, the committee of the property of an
    14  incompetent beneficiary or the conservator of the property of a  conser-
    15  vatee beneficiary appointed within the state of New York, may so consent
    16  on  behalf of his or her ward. For purposes of this subdivision, a bene-
    17  ficiary is eligible if letters of administration with will annexed could
    18  be issued to him or her alone or acting  together  with  the  person  or
    19  persons or so nominated.
    20    7.  Administration  may  be granted to a trust company or other corpo-
    21  ration authorized to act as fiduciary upon the  acknowledged  and  filed
    22  consents  of  all the eligible beneficiaries [inclusive of those who may
    23  be non-domiciliary aliens, provided  that  all  such  beneficiaries  are
    24  otherwise  eligible.  The],  or  if there are no eligible beneficiaries,
    25  then on the consent of all beneficiaries, except that  the  guardian  of
    26  the  property of an infant beneficiary, the committee of the property of
    27  an incompetent beneficiary, or the conservator  of  the  property  of  a
    28  conservatee  beneficiary  appointed within the state of New York, may so
    29  consent on behalf of his or her ward. For purposes of this  subdivision,
    30  a beneficiary is eligible if letters of administration with will annexed
    31  could  be  issued  to him or her alone or acting together with the trust
    32  company or other corporation so nominated.
    33    § 3. This act shall take effect immediately and  shall  apply  to  all
    34  proceedings occurring on or after such effective date.