Assembly Bill A11048

2017-2018 Legislative Session

Relates to the granting of letters of administration and letters of administration with will annexed

download bill text pdf

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Archive: Last Bill Status - In Senate Committee Rules Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-A11048 (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Surrogate's Court Procedure Act
Laws Affected:
Amd §§1001 & 1418, SCPA
Versions Introduced in 2019-2020 Legislative Session:
A795

2017-A11048 (ACTIVE) - Summary

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

2017-A11048 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11048
 
                           I N  A S S E M B L Y
 
                               June 1, 2018
                                ___________
 
 Introduced by COMMITTEE ON RULES -- (at request of M. of A. Abinanti) --
   read once and referred 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:
 
   Section 1. Subdivisions 6 and 7 of section  1001  of  the  surrogate's
 court procedure act, subdivision 6 as amended by chapter 514 of the laws
 of 1993 and subdivision 7 as amended by chapter 115 of the laws of 1981,
 are amended to read as follows:
   6. Letters of administration may be granted to an eligible distributee
 or  to an eligible person who is not a distributee upon the acknowledged
 and filed consents of all eligible distributees,  or  if  there  are  no
 eligible  distributees, then on the consents of all distributees, except
 that the guardian of the property of an infant distributee, the  commit-
 tee  of the property of an incompetent distributee or the conservator of
 property of a conservatee appointed within the State of New York may  so
 consent  on  behalf  of  his  ward.  FOR PURPOSES OF THIS SUBDIVISION, A
 DISTRIBUTEE IS ELIGIBLE IF LETTERS OF ADMINISTRATION COULD BE ISSUED  TO
 HIM  OR HER ALONE OR ACTING TOGETHER WITH THE PERSON OR PERSONS SO NOMI-
 NATED.
   7. Letters of administration may be granted  to  a  trust  company  or
 other  corporation  authorized to act as fiduciary upon the acknowledged
 and filed consents of all ELIGIBLE distributees [inclusive of those  who
 may be non-domiciliary aliens, provided that all such persons are other-
 wise  eligible],  OR  IF  THERE  ARE  NO  ELIGIBLE  DISTRIBUTES, THEN ON
 CONSENTS OF ALL DISTRIBUTEES, except that the guardian of  the  property
 of  an  infant distributee, the committee of the property of an incompe-
 tent distributee  or  the  conservator  of  property  of  a  conservatee
 appointed  within  the state of New York may so consent on behalf of his
 ward. FOR PURPOSES OF THIS SUBDIVISION, A  DISTRIBUTEE  IS  ELIGIBLE  IF
 LETTERS  OF ADMINISTRATION COULD BE ISSUED TO HIM OR HER ALONE OR ACTING
 TOGETHER WITH THE TRUST COMPANY OR OTHER CORPORATION SO NOMINATED.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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