S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3364
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 Introduced  by  M. of A. CARROLL -- Multi-Sponsored by -- M. of A. GOTT-
   FRIED -- read once and referred to the Committee on Judiciary
 
 AN ACT to amend the surrogate's court  procedure  act,  in  relation  to
   establishing  a division of the public administrator within the office
   of the corporation counsel for the city of New  York;  and  to  repeal
   certain provisions of such act relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 11  of  the  surrogate's  court  procedure  act  is
 REPEALED and a new article 11 is added to read as follows:
                                ARTICLE 11
           DIVISION OF THE PUBLIC ADMINISTRATOR FOR THE CITY OF
                                 NEW YORK
 SECTION 1101. DEFINITIONS.
         1102. DIVISION OF THE PUBLIC ADMINISTRATOR; DIRECTOR; EMPLOYEES.
         1103. GENERAL POWERS OF THE DIRECTOR.
         1104. OATH AND BOND.
         1105. COMMISSIONS.
         1106. DEPOSIT OF FUNDS.
         1107. RESPONSIBILITY OF THE CITY.
         1108. AUTHORITY TO ACT.
         1109. REPORTS OF DEATHS AND BURIALS.
         1110. INQUIRY AND SUBPOENA.
         1111. LETTERS NOT REQUIRED FOR SMALL ESTATES.
         1112. APPLICATION FOR LETTERS; WHEN COURT MAY DIRECT PROBATE.
         1113. NO SEPARATE BOND OR OATH.
         1114. POWERS BEFORE ISSUANCE OF LETTERS.
         1115. NOTICE TO CONSULS.
         1116. APPEARANCE BY CONSULS.
         1117. GRANT OF LETTERS TO OTHERS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02052-01-9
              

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         1118. DELIVERY  OF  ESTATE  ASSETS TO FIDUCIARY; EXPENSES, COSTS
         AND COMMISSIONS.
         1119. APPEAL; BOND.
         1120. PROPERTY WITHOUT VALUE WHERE NO ADMINISTRATION HAD.
         1121. DISPOSITION OF RECORDS AFTER 10 YEARS.
   § 1101. DEFINITIONS
   FOR  PURPOSES  OF  THIS  ARTICLE,  THE  FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   1. "DIVISION" SHALL MEAN THE DIVISION OF PUBLIC  ADMINISTRATOR  ESTAB-
 LISHED BY SECTION 1102 OF THIS ARTICLE.
   2. "DIRECTOR" SHALL MEAN THE DIRECTOR OF THE DIVISION.
 § 1102. DIVISION OF THE PUBLIC ADMINISTRATOR; DIRECTOR; EMPLOYEES
   1.  THERE IS HEREBY CREATED WITHIN THE OFFICE OF THE CORPORATION COUN-
 SEL FOR THE CITY OF NEW YORK, A DIVISION OF THE PUBLIC ADMINISTRATOR  TO
 HAVE  AND  EXERCISE  THE  FUNCTIONS,  POWERS  AND DUTIES PROVIDED BY THE
 PROVISIONS OF THIS ARTICLE.
   2. THE HEAD OF  THE  OFFICE  SHALL  BE  THE  DIRECTOR,  WHO  SHALL  BE
 APPOINTED BY THE MAYOR OF THE CITY OF NEW YORK, AND SHALL HOLD OFFICE AT
 THE  PLEASURE  OF THE MAYOR BY WHOM HE OR SHE WAS APPOINTED OR UNTIL HIS
 OR HER SUCCESSOR IS APPOINTED AND HAS QUALIFIED.
   3. SUBJECT TO THE PROVISIONS OF THIS ARTICLE  AND  THE  CIVIL  SERVICE
 LAW,  AND  RULES  AND REGULATIONS ADOPTED PURSUANT THERETO, THE DIRECTOR
 MAY APPOINT SUCH OTHER OFFICERS  AND  EMPLOYEES  AS  MAY  BE  NECESSARY,
 PRESCRIBE  THEIR  DUTIES, FIX THEIR COMPENSATION AND PROVIDE FOR PAYMENT
 OF THEIR REASONABLE EXPENSES, ALL WITHIN AMOUNTS AS MAY BE ALLOWED ANNU-
 ALLY IN THE BUDGET OF THE CITY OF NEW YORK. THE  DIRECTOR  MAY  TRANSFER
 OFFICERS  OR  EMPLOYEES  FROM  THEIR POSITIONS TO OTHER POSITIONS IN THE
 DIVISION, OR ABOLISH OR CONSOLIDATE SUCH POSITIONS.
   4. THE DIRECTOR ACTING BY AND THROUGH THE DIVISION SHALL  HAVE  POWERS
 SET FORTH IN SECTION 1103 OF THIS ARTICLE.
 § 1103. GENERAL POWERS OF THE DIRECTOR
   1.  THE DIRECTOR SHALL HAVE ALL THE POWERS SPECIFICALLY GRANTED PURSU-
 ANT TO THIS ARTICLE AND ALSO THE POWERS GIVEN BY LAW TO A FIDUCIARY OF A
 DECEDENT'S ESTATE.
   2. IN ADDITION TO THE FOREGOING GRANT OF POWERS AND WITHOUT LIMITATION
 THEREON THE DIRECTOR IS AUTHORIZED TO:
   (A) SELL PERSONAL PROPERTY OF THE DECEDENT AT PUBLIC AUCTION  PURSUANT
 TO NOTICE APPEARING FOR 3 SUCCESSIVE DAYS PRIOR TO THE SALE IN A NEWSPA-
 PER PUBLISHED IN THE COUNTY HAVING JURISDICTION OVER THE ESTATE.
   (B)  RETAIN  MARKETABLE  SECURITIES BEYOND 4 MONTHS AFTER LETTERS HAVE
 BEEN GRANTED TO HIM OR HER PROVIDED THAT THE COURT HAS SO  PERMITTED  BY
 ORDER.
   (C)  SERVE PROCESS ON CREDITORS, LEGATEES OR OTHER PERSONS INTERESTED,
 DISTRIBUTEES, DOMICILED OUTSIDE THE CITY OF NEW YORK BY CERTIFIED  MAIL,
 RETURN RECEIPT REQUESTED, WHENEVER DIRECTED BY THE COURT BY ORDER IN ANY
 PROCEEDING,  NOTWITHSTANDING  THE PROVISIONS OF SECTION 308 OF THIS ACT.
 SUCH SERVICE SHALL BE VALID IF MADE AT LEAST 30 DAYS BEFORE  THE  RETURN
 DATE THEREOF.
   (D)  DISTRIBUTE  WITHOUT  AN  ACCOUNTING  PROCEEDING THE ASSETS OF ANY
 ESTATE DEFINED AS A SMALL ESTATE IN SUBDIVISION 1  OF  SECTION  1301  OF
 THIS  ACT  AND UPON DISTRIBUTION TO TAKE THE COSTS AND COMMISSIONS ORDI-
 NARILY ALLOWED BY THE COURT UPON  THE  ENTRY  OF  A  DECREE  UPON  FINAL
 ACCOUNTING.
   (E)  FILE  IN THE COURT AN INFORMATORY ACCOUNT IN A FORM PRESCRIBED BY
 RULE WHERE THE GROSS VALUE OF THE ASSETS OF THE ESTATE ACCOUNTED FOR  IS
 MORE THAN $500 AND LESS THAN THAT AS DEFINED AS A SMALL ESTATE IN SUBDI-

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 VISION  1  OF  SECTION  1301  OF THIS ACT AND SHALL SERVE A COPY OF SUCH
 INFORMATORY ACCOUNTING BY CERTIFIED MAIL ON ALL  INTERESTED  PARTIES  AT
 LEAST 30 DAYS PRIOR TO FILING WITH THE COURT.
   (F)  PAY  FOR  THE USE AND BENEFIT OF AN INFANT DISTRIBUTEE OR LEGATEE
 WHO HAS NO GUARDIAN OF THE PROPERTY THE SHARE OF LEGACY DUE  THE  INFANT
 IF  NOT  EXCEEDING  $5,000  BY  PAYMENT THEREOF IN THE DISCRETION OF THE
 DIRECTOR TO A PARENT OR TO AN  ADULT  COMPETENT  PERSON  WITH  WHOM  THE
 INFANT RESIDES.
   (G)  PAY  OR DELIVER TO THE COMMISSIONER OF FINANCE OF THE CITY OF NEW
 YORK THE BALANCE OF ANY MONEYS OR OTHER  ASSETS  IN  HIS  OR  HER  HANDS
 REMAINING  AFTER  SETTLEMENT  OF  HIS OR HER ACCOUNT OR THE FILING OF AN
 INFORMATORY ACCOUNT, WHERE PAYABLE TO PERSONS UNDER DISABILITY OR  WHOSE
 SHARES ARE TO BE DEPOSITED PURSUANT TO SECTION 2218 OF THIS ACT.
   (H) APPLY EX PARTE OR UPON SUCH NOTICE AS DIRECTED BY THE COURT FOR AN
 ORDER  OR DECREE IN ANY APPROPRIATE PROCEEDING REQUIRING THE CITY OF NEW
 YORK TO RETURN TO THE DIRECTOR ANY MONEY OR UNLIQUIDATED ASSETS THERETO-
 FORE DEPOSITED BY THE DIRECTOR AND REMAINING IN THE TREASURY OF THE CITY
 OF NEW YORK AND UPON FURTHER ORDER OF THE COURT TO MAKE DISTRIBUTION  OF
 SUCH RECOVERED FUNDS TO THE PERSONS ENTITLED THERETO.
   (I)  RECEIVE  PROCESS  OR  OTHER  NOTICE  AS  A NECESSARY PARTY IN THE
 FOLLOWING PROCEEDINGS:
   (1) ANY PROCEEDING PENDING IN THE COURT WHERE SERVICE  OF  PROCESS  OR
 NOTICE IN BEHALF OF ANY KNOWN OR UNKNOWN PERSON IS DIRECTED BY THE COURT
 OR WHERE THE COURT BY ORDER DIRECTS THE DIRECTOR TO APPEAR THEREIN.
   (2)  EVERY  PROCEEDING  FOR THE APPOINTMENT OF AN ADMINISTRATOR OR FOR
 THE PROBATE OF A WILL WHERE IT DOES NOT APPEAR THAT THE PERSONS APPLYING
 OR NAMED IN THE PETITION ARE ALL THE DISTRIBUTEES  OF  THE  DECEDENT  OR
 WHERE  IT  APPEARS  THAT SUCH PERSONS ARE RELATED TO THE DECEDENT IN THE
 FOURTH DEGREE OF CONSANGUINITY OR ARE MORE REMOTELY RELATED.
   (3) EVER PROCEEDING TO  EFFECT  DISTRIBUTION  OF  MONEYS  OR  PROPERTY
 DEPOSITED  FOR  THE ACCOUNT OF UNKNOWN PERSONS OR OF INFANTS OR INCOMPE-
 TENTS, OR OF KNOWN PERSONS  WHOSE  SHARES  WERE  DEPOSITED  PURSUANT  TO
 SECTION  2218  OF THIS ACT. IN ANY SUCH PROCEEDING THE DIRECTOR SHALL BE
 DEEMED A PERSON INTERESTED.
   (4) IN ALL SUCH PROCEEDINGS THE DIRECTOR, IN HIS  OR  HER  DISCRETION,
 MAY  TAKE  ANY  ACTION  IN  BEHALF OF SUCH PERSON OR PERSONS AS A PERSON
 INTERESTED MIGHT.
   (J) DESIGNATE A DESIGNEE FROM WITHIN THE DIVISION TO ACT ON HIS OR HER
 BEHALF.
 § 1104. OATH AND BOND
   THE DIRECTOR OF THE DIVISION BEFORE ENTERING UPON THE DUTIES OF HIS OR
 HER OFFICE SHALL TAKE AND FILE THE CONSTITUTIONAL OATH OF OFFICE.
 § 1105. COMMISSIONS
   1. THE DIRECTOR SHALL RETAIN OVER AND  ABOVE  ALL  NECESSARY  EXPENSES
 UPON  ALL  MONEYS WHICH SHALL COME UNDER THE CONTROL OF THE DIVISION THE
 SAME COMMISSIONS AS ARE NOW OR MAY HEREAFTER BE ALLOWED BY LAW TO  FIDU-
 CIARIES UNDER SECTION 2307 OF THIS ACT.
   2. THE VALUE OF ANY REAL OR PERSONAL PROPERTY AND THE INCREMENT THERE-
 OF  RECEIVED,  DISBURSED  OR  DELIVERED  SHALL BE CONSIDERED AS MONEY IN
 COMPUTING COMMISSIONS, EXCEPT WHERE THE REAL OR  PERSONAL  PROPERTY  HAS
 BEEN SPECIFICALLY DEVISED OR BEQUEATHED.
   3.  ON THE SETTLEMENT OF THE ACCOUNT OF THE DIVISION IN EACH INSTANCE,
 NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS 1 AND 2 OF THIS  SECTION,
 THE  COURT MAY ALLOW REASONABLE AND NECESSARY EXPENSES AND DISBURSEMENTS
 OF THE DIVISION, AND IN ADDITION, TO BE FIXED BY THE COURT.

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   4. THE COMMISSIONS AND ALLOWANCES PROVIDED FOR BY THIS SECTION MAY  BE
 RETAINED  BY  THE  DIRECTOR  IN PREFERENCE TO ANY DEBTS OR CLAIMS EXCEPT
 FUNERAL EXPENSES.
   5.  THE  DIRECTOR  SHALL PAY INTO THE TREASURY OF THE CITY OF NEW YORK
 ALL COMMISSIONS AND ALLOWANCES RECEIVED BY THE DIVISION FROM ANY SOURCE.
 SUCH FUNDS SHALL BE USED BY THE CITY TO OFFSET THE EXPENSES OF THE DIVI-
 SION AND THE COMPENSATION PAID TO THE DIRECTOR, OFFICERS  AND  EMPLOYEES
 OF THE DIVISION.
 § 1106. DEPOSIT OF FUNDS
   1. THE DIRECTOR SHALL DEPOSIT ALL MONEYS COLLECTED AND RECEIVED BY THE
 DIVISION  WITHIN  5  DAYS AFTER RECEIPT IN DEMAND, TIME, THRIFT OR OTHER
 ACCOUNTS IN ONE OR MORE BANKS  OR  TRUST  COMPANIES  DESIGNATED  BY  THE
 MAYOR,  COMPTROLLER AND COMMISSIONER OF FINANCE OF THE DEPOSIT OF MONEYS
 OF THE CITY OF NEW YORK. ALL INTEREST RECEIVED ON SUCH DEPOSITS SHALL BE
 CREDITED TO THE RESPECTIVE ESTATES. IN CASE OF THE INSOLVENCY OR  INVOL-
 UNTARY  LIQUIDATION  OF  THE  DEPOSITORY ALL MONEY SO DEPOSITED SHALL BE
 ENTITLED TO EQUAL PRIORITY OF PAYMENT WITH THAT GIVEN BY LAW TO DEPOSITS
 OF MONEY BY THE STATE SUPERINTENDENT OF BANKS.
   2. THE DIRECTOR SHALL WHENEVER REQUIRED  EXHIBIT  TO  THE  CITY  COMP-
 TROLLER  AND  THE  SURROGATE  OF  THE  COUNTY WITH JURISDICTION OVER THE
 ESTATE THE BANK BOOKS OR STATEMENTS AND ALL OTHER VOUCHERS AND DOCUMENTS
 RELATING TO THE DIVISION. THE COMPTROLLER AND  SURROGATE  SHALL  EXAMINE
 THE  BANK  BOOKS AND STATEMENTS SHOWING THE DEPOSITS AND THE VOUCHERS ON
 WHICH THE CHECK IS REQUIRED TO BE DRAWN AND  SHALL  SATISFY  HIMSELF  OR
 HERSELF  FULLY  AS  TO  THE  CORRECTNESS THEREOF AND IN CASE OF DOUBT OR
 DIFFICULTY HE OR SHE SHALL REPORT THE CASE TO THE MAYOR FOR HIS  OR  HER
 DIRECTION.
 § 1107. RESPONSIBILITY OF THE CITY
   1. THE CITY OF NEW YORK SHALL BE ANSWERABLE FOR THE FAITHFUL EXECUTION
 BY  THE  DIRECTOR OF ALL THE DUTIES OF THE DIVISION AND FOR THE APPLICA-
 TION BY HIM OR HER OF ALL MONEYS AND PROPERTY RECEIVED BY  THE  DIVISION
 AND  FOR  ALL MONEYS AND SECURITIES AND THE INTEREST, EARNINGS AND DIVI-
 DENDS THEREON ACTUALLY RECEIVED BY THE DIVISION OR  WHICH  THE  DIVISION
 SHOULD HAVE COLLECTED OR RECEIVED.
   2. ANY PERSON AGGRIEVED BY ANY ACT OR OMISSION OF THE DIVISION AND ANY
 PERSON  ENTITLED TO RECEIVE ANY MONEY OR PROPERTY FOR WHICH THE DIVISION
 MAY BE HELD TO ACCOUNT, SHALL HAVE EACH AND  EVERY  REMEDY  AGAINST  THE
 CITY  OF NEW YORK AS WOULD BE AVAILABLE AGAINST A FIDUCIARY IN LIKE CASE
 AND MAY INITIATE IN THE SURROGATE'S COURT HAVING JURISDICTION A PROCEED-
 ING FOR THE ENFORCEMENT OF HIS OR HER CLAIM OR  RIGHT  AND  SHALL  SERVE
 PROCESS  THEREON  ON  THE  COMPTROLLER OF THE CITY. THE DIRECTOR THEN IN
 OFFICE SHALL BE A NECESSARY PARTY IN SUCH PROCEEDING.
 § 1108. AUTHORITY TO ACT
   THE DIRECTOR SHALL HAVE AUTHORITY TO TAKE POSSESSION  OF,  MANAGE  AND
 COLLECT  THE  RENTS OF THE REAL PROPERTY AND TAKE CHARGE OF THE PERSONAL
 PROPERTY OF AN INTESTATE:
   1. WHENEVER ANY PERSON NOT KNOWN TO HAVE LEFT HIM OR HER  SURVIVING  A
 PERSON  ELIGIBLE  TO  RECEIVE  LETTERS SHALL DIE INTESTATE EITHER WITHIN
 THIS STATE OR ELSEWHERE LEAVING ANY REAL OR PERSONAL PROPERTY  WITHIN  A
 COUNTY LOCATED WITHIN THE CITY OF NEW YORK.
   2. WHENEVER ANY PERSONAL PROPERTY OF SUCH INTESTATE SHALL ARRIVE WITH-
 IN A COUNTY LOCATED WITHIN THE CITY OF NEW YORK AFTER HIS OR HER DEATH.
   3.  WHENEVER ALL OF THE SURVIVING RELATIVES ARE NOT KNOWN THE DIRECTOR
 SHALL CONDUCT A SEARCH FOR ALL LIVING DISTRIBUTEES OF  THE  DECEDENT  BY
 REFERENCE  TO  BANK, POSTAL, AND TELEPHONE RECORDS AND INQUIRY OF NEIGH-

 A. 3364                             5

 BORS, AND OTHER REASONABLE STEPS UNDER THE CIRCUMSTANCES.  THE  DIRECTOR
 SHALL MAINTAIN RECORDS OF ALL RESPONSES TO SUCH NOTICES.
 § 1109. REPORTS OF DEATHS AND BURIALS
  1. EVERY PERSON KEEPING A HOTEL, BOARDING OR ROOMING HOUSE IN ANY COUN-
 TY  LOCATED  WITHIN  THE CITY OF NEW YORK SHALL REPORT IN WRITING TO THE
 DIRECTOR INFORMATION CONCERNING EVERY PERSON NOT A MEMBER OF HIS OR  HER
 FAMILY  WHO SHALL DIE IN HIS OR HER HOTEL OR HOUSE WITHIN 12 HOURS AFTER
 SUCH DEATH.
   2. THE CHIEF MEDICAL EXAMINER OR SUCH SIMILAR PUBLIC  OFFICER  OF  ANY
 COUNTY  LOCATED  WITHIN  THE  CITY  OF NEW YORK WITHIN 12 HOURS AFTER AN
 INQUEST SHALL REPORT  IN  WRITING  TO  THE  DIRECTOR,  SUCH  INFORMATION
 REGARDING THE DECEDENT WHICH HE OR SHE MAY HAVE.
   3. EVERY UNDERTAKER DOING BUSINESS IN A COUNTY LOCATED WITHIN THE CITY
 OF  NEW  YORK SHALL FILE A REPORT IN WRITING WITH THE DIRECTOR WITHIN 12
 HOURS AFTER RECEIVING AN ORDER FOR THE BURIAL BY HIM OR HER OF ANY DECE-
 DENT HAVING NO KNOWN DISTRIBUTEES OR HAVING BEEN SURVIVED ONLY BY  COUS-
 INS  OR  RELATIVES  BY MARRIAGE, SUCH INFORMATION REGARDING THE DECEDENT
 WHICH HE OR SHE MAY HAVE.
 § 1110. INQUIRY AND SUBPOENA
   1. THE DIRECTOR MAY INSTITUTE AN INQUIRY IN ANY CASE IN  WHICH  HE  OR
 SHE  IS  AUTHORIZED  TO ACT AS TO ANY MATTER AFFECTING THE ESTATE OF THE
 DECEDENT.
   2. FOR THE PURPOSES SET FORTH IN SUBDIVISION 1 OF  THIS  SECTION,  THE
 DIRECTOR  MAY  ISSUE A SUBPOENA OR SUBPOENA DUCES TECUM EITHER BEFORE OR
 AFTER THE ISSUANCE OF LETTERS IN THE NAME OF THE  COURT  WITH  THE  SAME
 EFFECT AS IF EITHER WERE ISSUED BY THE COURT.
   3.  FAILURE  TO COMPLY WITH THE DIRECTIONS OF THE SUBPOENA OR SUBPOENA
 DUCES TECUM SHALL BE PUNISHABLE AS A CONTEMPT OF COURT.
 § 1111. LETTERS NOT REQUIRED FOR SMALL ESTATES
   1. WITHOUT THE ISSUANCE OF LETTERS THE DIRECTOR BY VIRTUE  OF  HIS  OR
 HER  OFFICE  SHALL  HAVE  ALL  THE POWERS OF A FIDUCIARY OF A DECEDENT'S
 ESTATE WHENEVER THE GROSS ASSETS OF THE ESTATE DO NOT EXCEED  THE  MONE-
 TARY  AMOUNT  DEFINED  AS  A  SMALL  ESTATE PURSUANT TO SUBDIVISION 1 OF
 SECTION 1301 OF THIS ACT.
   2. IN THE EVENT THE AGGREGATE SUM OF THE ASSETS OF AN ESTATE IN  WHICH
 THE  DIRECTOR COMMENCES TO ACT PURSUANT TO SUBDIVISION 1 OF THIS SECTION
 SHALL EXCEED THE MONETARY AMOUNT DEFINED AS A SMALL ESTATE  PURSUANT  TO
 SUBDIVISION  1  OF SECTION 1301 OF THIS ACT THE DIRECTOR SHALL FORTHWITH
 APPLY FOR LETTERS.
   3. THE DELIVERY BY THE DIRECTOR TO A DEBTOR, TRANSFER AGENT OR  PERSON
 HOLDING  PERSONAL  PROPERTY  OF THE DECEDENT OF A CERTIFICATE EVIDENCING
 HIS OR HER AUTHORITY TO ACT UNDER THIS SECTION, HIS OR HER  RECEIPT  AND
 THE  SURRENDER  OF  ANY EVIDENTIARY DOCUMENT SHALL CONSTITUTE A COMPLETE
 RELEASE AND DISCHARGE FOR ANY PAYMENT OF MONEY OR DELIVERY  OF  PROPERTY
 MADE  PURSUANT  TO THE CERTIFICATE WITHOUT SUCH PERSON BEING REQUIRED TO
 SEE TO THE APPLICATION THEREOF AND WITH THE SAME EFFECT AS  IF  MADE  TO
 ANY OTHER FIDUCIARY.
 § 1112. APPLICATION FOR LETTERS; WHEN COURT MAY DIRECT PROBATE
   1.  THE  DIRECTOR  IS  AUTHORIZED  TO APPLY FOR AND RECEIVE LETTERS AS
 DEFINED IN THIS ACT.
   2. THE COURT MAY DIRECT THE DIRECTOR TO PRESENT A PETITION FOR PROBATE
 OF A WILL AT ANY TIME AFTER IT IS FILED.
 § 1113. NO SEPARATE BOND OR OATH
   THE DIRECTOR OR ANY OFFICER OR EMPLOYEE OF THE DIVISION SHALL  NOT  BE
 REQUIRED  TO  FILE  THE  DESIGNATION,  SEPARATE BOND OR OATH REQUIRED BY
 SECTION 708 OF THIS ACT BEFORE THE ISSUANCE OF LETTERS TO THE DIRECTOR.

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 § 1114. POWERS BEFORE ISSUANCE OF LETTERS
   BEFORE  LETTERS  ARE ISSUED TO THE DIRECTOR THE DIRECTOR IS AUTHORIZED
 TO:
   1. TAKE POSSESSION OF, COLLECT AND SECURE THE PERSONAL PROPERTY WITHIN
 HIS OR HER COUNTY OF ANY PERSON WHO SHALL DIE INTESTATE OR TESTATE WITH-
 IN THIS STATE OR ELSEWHERE OR WHOSE PROPERTY  SHALL  ARRIVE  WITHIN  THE
 COUNTY  AFTER  HIS  OR HER DEATH WHENEVER THERE IS NO PERSON ELIGIBLE TO
 ACT AS FIDUCIARY OF AN INTESTATE OR OF A TESTATOR, IF THE EXECUTOR NAMED
 IN THE WILL REFUSES OR NEGLECTS TO ACT OR IS DEAD OR HIS OR  HER  WHERE-
 ABOUTS ARE UNKNOWN OR IF HE OR SHE IS NOT ELIGIBLE TO RECEIVE LETTERS.
   2.  TAKE POSSESSION OF, MANAGE AND COLLECT THE RENTS OF THE REAL PROP-
 ERTY OF AN INTESTATE WHOSE DISTRIBUTEES ARE UNKNOWN OR, WHOSE  DISTRIBU-
 TEES  IF KNOWN,   ARE NON-DOMICILIARIES OR OF A TESTATOR IF THE EXECUTOR
 NAMED IN THE WILL REFUSES OR NEGLECTS TO ACT OR IS DEAD OR  HIS  OR  HER
 WHEREABOUTS  ARE  UNKNOWN  OR  IF  HE  OR SHE IS NOT ELIGIBLE TO RECEIVE
 LETTERS.
   3. PAY THE FUNERAL EXPENSES OF THE DECEDENT.
   4. SELL AS AND WHEN AUTHORIZED BY THE  COURT  PERISHABLE  PROPERTY  OR
 SUCH  OTHER  PROPERTY  OF THE DECEDENT AS THE PRESERVATION OF THE ESTATE
 REQUIRES.
   5. SELL AT PUBLIC AUCTION ALL PROPERTY DELIVERED TO HIM OR HER AS  THE
 EFFECTS  OF  PERSONS  WHOSE DEATHS HAVE BEEN REPORTED TO HIM OR HER BY A
 HOSPITAL, THE POLICE DEPARTMENT OR ANY OTHER DEPARTMENT OR PERSON.
   6. DEFRAY THE EXPENSES OF THE FOREGOING ACTIVITIES  AND  THE  EXPENSES
 INCIDENTAL TO HIS OR HER APPLICATION FOR LETTERS.
 § 1115. NOTICE TO CONSULS
   WHEN THE ESTATE IS THAT OF AN ALIEN IT SHALL BE THE DUTY OF THE DIREC-
 TOR WHEN MAKING APPLICATION FOR LETTERS TO MAIL A NOTICE TO THE CONSULAR
 REPRESENTATIVE  OF  THE  NATION  OF  WHICH THE DECEDENT WAS A CITIZEN OR
 SUBJECT IF THERE BE ANY IN THE CITY OF NEW YORK.
 § 1116. APPEARANCE BY CONSULS
   1. IN ANY ACTION OR PROCEEDING BROUGHT BY OR AGAINST THE  DIRECTOR  IN
 WHICH  A NON-DOMICILIARY ALIEN IS A NECESSARY OR PROPER PARTY THE CONSU-
 LAR REPRESENTATIVE OF THE COUNTRY OF WHICH THE ALIEN  IS  A  CITIZEN  OR
 SUBJECT  MAY  APPEAR  IN PERSON OR BY ATTORNEY IN BEHALF OF THE ALIEN IF
 THE LATTER SHALL DEFAULT IN APPEARANCE.
   2. NO POWER OF ATTORNEY OR OTHER SPECIFIC  AUTHORITY  FROM  THE  ALIEN
 SHALL BE REQUIRED AS A CONDITION TO SUCH APPEARANCE.
   3. SERVICE UPON AN ALIEN PURSUANT TO PARAGRAPH (E) OF SUBDIVISION 3 OF
 SECTION  307  OF  THIS  ACT MAY BE MADE WITHOUT PRIOR SERVICE OF PROCESS
 PERSONALLY OR OTHERWISE UPON THE ALIEN.
   4. THE INTERESTS OF ALIEN PERSONS UNDER DISABILITY SHALL, HOWEVER,  BE
 REPRESENTED  IN ALL SUCH PROCEEDINGS BY THEIR GUARDIANS OF THE PROPERTY,
 COMMITTEE OF THE PROPERTY OR CONSERVATORS OF THE PROPERTY, OR BY GUARDI-
 ANS AD LITEM APPOINTED BY THE COURT.
 § 1117. GRANT OF LETTERS TO OTHERS
   IF ANY ELIGIBLE DISTRIBUTEE OF THE DECEDENT SHALL PETITION  TO  SUPER-
 SEDE  THE  DIRECTOR WITHIN 4 MONTHS AFTER THE DIRECTOR HAS BECOME VESTED
 WITH THE POWERS OF A FIDUCIARY ON THE ESTATE, LETTERS SHALL  BE  GRANTED
 TO  HIM  OR HER UPON PROOF THAT THE PETITIONER DID NOT RECEIVE NOTICE OF
 THE APPLICATION BY THE DIRECTOR AND UPON THE FURTHER  SHOWING  THAT  ALL
 PERSONS  PRIOR  OR EQUAL IN RIGHT HAVE BEEN SERVED AND HAVE DEFAULTED OR
 WAIVED; BUT THE COURT MAY REFUSE TO SUPERSEDE THE DIRECTOR IF  6  MONTHS
 HAVE  ELAPSED SINCE HE OR SHE BECAME VESTED WITH THE POWERS OF A FIDUCI-
 ARY.

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 § 1118. DELIVERY OF ESTATE ASSETS  TO  FIDUCIARY;  EXPENSES,  COSTS  AND
             COMMISSIONS
   WHEN  THE  DIRECTOR  HAS  BEEN  SUPERSEDED HE OR SHE SHALL ACCOUNT AND
 DELIVER TO THE FIDUCIARY SUPERSEDING HIM OR HER ALL THE PERSONAL PROPER-
 TY BELONGING TO THE ESTATE WHICH HE OR SHE HAS IN HIS OR HER  POSSESSION
 OR CONTROL AFTER DEDUCTING HIS OR HER EXPENSES, COSTS AND COMMISSIONS AS
 PROVIDED BY LAW.
 § 1119. APPEAL; BOND
   1.  THE  DIRECTOR  IS  AUTHORIZED  TO APPEAL FROM ANY ORDER, DECREE OR
 JUDGMENT AFFECTING AN ESTATE IN THE CHARGE OF THE DIVISION OR  IN  WHICH
 HE OR SHE IS A PARTY.
   2.  ON  SUCH  AN  APPEAL  NO BOND ON THE PART OF THE DIRECTOR SHALL BE
 REQUIRED TO STAY EXECUTION OF THE ORDER,  DECREE  OR  JUDGMENT  APPEALED
 FROM.
 § 1120. PROPERTY WITHOUT VALUE WHERE NO ADMINISTRATION HAD
   WHENEVER  THE  DIRECTOR SHALL RECEIVE PAPERS OR PROPERTY OF A DECEDENT
 UPON WHOSE ESTATE NO LETTERS HAVE BEEN ISSUED OR WHOSE PROPERTY  IS  NOT
 SUFFICIENT  TO  REQUIRE  ADMINISTRATION,  THE  DIRECTOR IS AUTHORIZED TO
 ABANDON OR DESTROY ALL SUCH PAPERS AND PROPERTY IN THE POSSESSION OF THE
 DIVISION AFTER 5 YEARS HAVE ELAPSED FROM THE DEATH OF THE  DECEDENT  AND
 UPON PROOF SATISFACTORY TO THE DIRECTOR THAT THEY ARE WITHOUT VALUE. THE
 DIRECTOR,  THE  DIVISION AND THE CITY OF NEW YORK SHALL NOT BE LIABLE OR
 HELD TO ACCOUNT FOR SUCH PROPERTY.
 § 1121. DISPOSITION OF RECORDS AFTER 10 YEARS
   THE DIRECTOR IS AUTHORIZED TO DESTROY THE FILE AND ALL OF  THE  PAPERS
 RELATING  TO  A DECEDENT AFTER THE LAPSE OF 10 YEARS FROM THE COMPLETION
 OF THE ADMINISTRATION OF HIS OR HER ESTATE. THE DIRECTOR,  THE  DIVISION
 AND THE CITY OF NEW YORK SHALL NOT BE LIABLE OR HELD TO ACCOUNT FOR SUCH
 ACTION.
   §  2.  The  surrogate's court procedure act is amended by adding a new
 section 1220 to read as follows:
 § 1220. ADMINISTRATIVE BOARD FOR THE OFFICES OF THE  PUBLIC  ADMINISTRA-
 TORS
   1.  AN  ADMINISTRATIVE BOARD FOR THE OFFICES OF THE PUBLIC ADMINISTRA-
 TORS OF THE STATE OF NEW YORK IS HEREBY CREATED. THE BOARD SHALL CONSIST
 OF 13 MEMBERS OF WHOM 5 SHALL BE SURROGATE COURT JUDGES, 1 EACH SELECTED
 BY THE PRESIDING JUSTICE OF THE APPELLATE DIVISIONS OF THE FIRST,  THIRD
 AND  FOURTH  DEPARTMENTS  AND 2 SELECTED BY THE PRESIDING JUSTICE OF THE
 APPELLATE DIVISION OF THE SECOND DEPARTMENT OF WHOM 1 SHALL BE A  SURRO-
 GATE  FROM  A COUNTY WITHIN THE CITY OF NEW YORK AND 1 SHALL BE A SURRO-
 GATE FROM A COUNTY OUTSIDE THE CITY OF NEW  YORK,  3  MEMBERS  SHALL  BE
 SELECTED  BY  THE CHIEF ADMINISTRATIVE JUDGE OF THE STATE OF NEW YORK, 2
 MEMBERS SHALL BE SELECTED BY THE PRESIDENT OF THE  NEW  YORK  STATE  BAR
 ASSOCIATION  OF WHOM 1 SHALL BE A RESIDENT OF THE CITY OF NEW YORK AND 1
 MEMBER EACH SHALL BE SELECTED BY THE  STATE  COMPTROLLER,  THE  ATTORNEY
 GENERAL AND THE PRESIDENT OF THE NEW YORK STATE SURROGATES' ASSOCIATION.
 THE 3 MEMBERS SELECTED BY THE CHIEF ADMINISTRATIVE JUDGE OF THE STATE OF
 NEW  YORK, AND THE MEMBERS SELECTED BY THE STATE COMPTROLLER, THE ATTOR-
 NEY GENERAL, AND THE PRESIDENT OF THE NEW YORK  STATE  BAR  ASSOCIATION,
 SHALL  NOT  BE  SURROGATE  COURT  JUDGES  OR EMPLOYEES OF THE SURROGATES
 COURT. EACH MEMBER SHALL SERVE WITHOUT COMPENSATION BUT SHALL  BE  REIM-
 BURSED FOR EXPENSES ACTUALLY AND NECESSARILY INCURRED IN THE PERFORMANCE
 OF HIS OR HER OFFICIAL DUTIES FOR THE BOARD FROM THE MONEYS APPROPRIATED
 TO THE OFFICE OF COURT ADMINISTRATION.  NOTWITHSTANDING ANY INCONSISTENT
 PROVISIONS OF THIS OR ANY OTHER LAW, GENERAL, SPECIAL OR LOCAL, NO OFFI-
 CER  OR  EMPLOYEE  OF THE STATE OR ANY PUBLIC CORPORATION, AS DEFINED IN

 A. 3364                             8

 ARTICLE 2-A OF THE GENERAL CONSTRUCTION LAW, SHALL  BE  DEEMED  TO  HAVE
 FORFEITED  OR SHALL FORFEIT HIS OR HER OFFICE OR EMPLOYMENT OR ANY BENE-
 FITS PROVIDED UNDER THE RETIREMENT AND SOCIAL SECURITY LAW OR UNDER  ANY
 PUBLIC  RETIREMENT SYSTEM MAINTAINED BY THE STATE OR ANY OF ITS SUBDIVI-
 SIONS BY REASON OF HIS OR HER BEING A MEMBER OF THE BOARD.
   2. THE BOARD SHALL ESTABLISH GUIDELINES AND UNIFORM FEE SCHEDULES  FOR
 THE  OPERATION OF THE OFFICES OF PUBLIC ADMINISTRATORS. THESE GUIDELINES
 SHALL INCLUDE BUT ARE NOT LIMITED TO RULES FOR THE INITIAL INSPECTION OF
 THE DECEDENT'S PREMISES AND GUIDELINES FOR  THE  SELECTION  AND  COMPEN-
 SATION  OF  INVESTIGATORS,  APPRAISERS, ACCOUNTANTS, WAREHOUSES, AUCTIO-
 NEERS AND PROCEDURES FOR  THE  DISPOSAL  OF  PERSONAL  PROPERTY.    WITH
 RESPECT  TO  REAL  PROPERTY THE BOARD SHALL BE RESPONSIBLE FOR PREPARING
 UNIFORM PROCEDURES FOR SALE; FIXING  A  SCHEDULE  OF  APPROVED  EXPENSES
 ATTENDANT  TO  SUCH  A SALE; APPRAISALS, TITLE FEES AND BROKER'S COMMIS-
 SIONS.
   § 3. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.