Bill Text: NY S06653 | 2011-2012 | General Assembly | Introduced

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Bill Title: Relates to the settlement of informatory accounts by public administrators.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2012-05-16 - SUBSTITUTED BY A9508A [S06653 Detail]

Download: New_York-2011-S06653-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6653
                                   I N  S E N A T E
                                     March 8, 2012
                                      ___________
       Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
         istration) -- 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
         settlement of informatory accounts by public administrators
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Paragraph  (e)  of  subdivision  2 of section 1123 of the
    2  surrogate's court procedure act, as amended by chapter 655 of  the  laws
    3  of 1993, is amended to read as follows:
    4    (e)  File  in the court an informatory account in a form prescribed by
    5  rule where the gross value of the assets of the estate accounted for [is
    6  more than $500 and less than that  as]  DOES  NOT  EXCEED  THE  MONETARY
    7  AMOUNT  defined  as  a  small estate in subdivision 1 of section 1301 of
    8  this act and shall serve a copy of such informatory accounting by certi-
    9  fied mail on all interested parties at least 30  days  prior  to  filing
   10  with the court.
   11    S 2. Paragraph (c) of subdivision 2 of section 1213 of the surrogate's
   12  court  procedure  act, as amended by chapter 655 of the laws of 1993, is
   13  amended to read as follows:
   14    (c) File in the court after the expiration of 7 months from  the  time
   15  he  OR  SHE  commences  to act as fiduciary of the estate an informatory
   16  account in estates in which the gross value of the assets accounted  for
   17  [is  less than $5,000] DOES NOT EXCEED THE MONETARY AMOUNT and a copy of
   18  such  account  shall  be  mailed  by  certified  mail,  return   receipt
   19  requested,  to  each  of the persons entitled to receive process upon an
   20  accounting proceeding provided the names and addresses of  such  persons
   21  be  known to him OR HER.  Unless objection or claim be properly filed in
   22  the court within 30 days from mailing such account a final decree settl-
   23  ing his OR  HER  account  may  be  entered  without  further  notice  or
   24  proceedings  and with the same effect as in an accounting proceeding and
   25  he OR SHE shall be entitled to the  commissions,  costs  and  allowances
   26  allowed him OR HER by the court in the decree.
   27    S  3.  This act shall take effect immediately; provided, however, that
   28  it shall apply only to the estates of decedents who shall have  died  on
   29  or after such effective date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14236-01-2