Bill Text: NY S04155 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to the granting of letters of administration and letters of administration with will annexed.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2019-10-03 - signed chap.319 [S04155 Detail]

Download: New_York-2019-S04155-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4155
                               2019-2020 Regular Sessions
                    IN SENATE
                                      March 1, 2019
                                       ___________
        Introduced  by  Sen. HOYLMAN -- 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  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

        S. 4155                             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.
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