Bill Text: NY A11060 | 2019-2020 | 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 - Dead) 2020-10-07 - referred to judiciary [A11060 Detail]

Download: New_York-2019-A11060-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          11060

                   IN ASSEMBLY

                                     October 7, 2020
                                       ___________

        Introduced  by  COMMITTEE  ON RULES -- (at request of 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 incompetent person or the conservator of the property of a
    13  conservatee [who is a distributee], the fiduciary of a deceased  distri-
    14  butee,  or  to a competent adult who is not a distributee upon the filed
    15  consent of all competent distributees, and  if  none  of  the  foregoing
    16  named  persons will act or if there are no known distributees within the
    17  categories listed above, then to the chief fiscal officer of the  county
    18  except  in  those  counties  in  which  a  public administrator has been
    19  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
    26  administrator  in the event of the death or resignation of the voluntary
    27  administrator before the completion of the settlement of the estate.
    28    § 2. This act shall take effect on the thirtieth day  after  it  shall
    29  have become a law.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD17131-02-0