Bill Text: NY A07407 | 2019-2020 | General Assembly | Introduced


Bill Title: Removes references to section 1801 of the surrogate's court procedure act, which was repealed in 1994.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2019-11-20 - SIGNED CHAP.520 [A07407 Detail]

Download: New_York-2019-A07407-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          7407
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                       May 1, 2019
                                       ___________
        Introduced  by  M.  of  A.  SCHIMMINGER -- read once and referred to the
          Committee on Judiciary
        AN ACT to amend the surrogate's court  procedure  act,  in  relation  to
          removing invalid references
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 1802 of the surrogate's  court  procedure  act,  as
     2  amended  by  chapter  15  of  the  laws  of  1970, is amended to read as
     3  follows:
     4  § 1802. Effect of failure to present claim
     5    If any claim is not presented [on or  before  the  day  fixed  in  the
     6  notice published pursuant to the preceding section or if no notice is so
     7  published,] within 7 months from the date of issue of letters, the fidu-
     8  ciary  shall not be chargeable for any assets or moneys that he may have
     9  paid in good faith in satisfaction of any lawful claims or of any  lega-
    10  cies  or  distributions  to the legatees or distributees of the decedent
    11  before such claim was presented.  Such 7 month period shall begin on the
    12  date letters were first issued to any fiduciary, including  a  temporary
    13  administrator or a preliminary executor, and shall not be interrupted by
    14  any subsequent issue of letters, except that the time during which there
    15  is no fiduciary in office shall not be counted as part of such period.
    16    §  2. Subdivision 2 of section 1803 of the surrogate's court procedure
    17  act, as amended by chapter 514 of the laws of 1993, is amended  to  read
    18  as follows:
    19    2.  The notice of claim required by this section shall be presented by
    20  delivering a copy thereof to a fiduciary personally or by certified mail
    21  return receipt requested addressed to the  fiduciary  at  the  place  of
    22  residence  stated in the designation required by 708 [or if a notice has
    23  been published pursuant to 1801, at the place specified therein] or upon
    24  the clerk of the court pursuant to the designation  required  under  708
    25  whenever  the fiduciary cannot be found or served within the state after
    26  due diligence.
    27    § 3. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10960-01-9
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