Relates to persons who may become a voluntary administrator; includes fiduciaries of a deceased distributee, or a competent adult who is not a distributee upon the filed consent of all competent distributees as persons who can become a voluntary administrator prior to the chief fiscal officer of the county becoming such.
STATE OF NEW YORK
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4342
2023-2024 Regular Sessions
IN SENATE
February 7, 2023
___________
Introduced by Sen. SEPULVEDA -- 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
persons who may become a voluntary administrator
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision (a) of section 1303 of the surrogate's court
2 procedure act, as amended by chapter 281 of the laws of 1995, is amended
3 to read as follows:
4 (a) If the deceased dies intestate, the right to act as a voluntary
5 administrator is hereby given [first to the surviving adult spouse, if
6 any, of the decedent and if there be none or if the spouse renounce,
7 then in order to a competent adult who is a child or] in the following
8 order to a competent adult distributee who is the surviving spouse,
9 child, grandchild, parent, brother or sister, niece or nephew or aunt or
10 uncle of the decedent, or if there be no such person who will act, then
11 to the guardian of the property of an infant, the committee of the prop-
12 erty of [any] an incompetent person or the conservator of the property
13 of a conservatee who is a distributee, the fiduciary of a deceased
14 distributee, or to a competent adult who is not a distributee upon the
15 filed consents of all competent adult distributees, and if none of the
16 foregoing named persons will act or if there are no known distributees
17 within the categories listed above, then to the chief fiscal officer of
18 the county except in those counties in which a public administrator has
19 been appointed under articles eleven and twelve of this act. [After the
20 surviving spouse, the first distributee within the class of persons
21 entitled or if no distributee will act or there are no known distribu-
22 tees within the class of persons entitled, then the chief fiscal officer
23 of the county as above who makes and files the required affidavit,] Upon
24 filing the required affidavit, the person having the right to act is
25 authorized to act as voluntary administrator, or as successor voluntary
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05481-01-3
S. 4342 2
1 administrator in the event of the death or resignation of the voluntary
2 administrator before the completion of the settlement of the estate.
3 § 2. This act shall take effect on the thirtieth day after it shall
4 have become a law.