Bill Text: NY A04269 | 2023-2024 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to judiciary [A04269 Detail]

Download: New_York-2023-A04269-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4269

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 14, 2023
                                       ___________

        Introduced  by M. of A. STECK -- read once and referred 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
        A. 4269                             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.