Senate Bill S8930

2019-2020 Legislative Session

Relates to persons who may become a voluntary administrator

download bill text pdf

Sponsored By

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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2019-S8930 (ACTIVE) - Details

See Assembly Version of this Bill:
A11060
Current Committee:
Senate Rules
Law Section:
Surrogate's Court Procedure Act
Laws Affected:
Amd §1303, SCPA
Versions Introduced in Other Legislative Sessions:
2021-2022: S3164, A295
2023-2024: S4342, A4269

2019-S8930 (ACTIVE) - Summary

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.

2019-S8930 (ACTIVE) - Sponsor Memo

2019-S8930 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8930
 
                             I N  S E N A T E
 
                              August 21, 2020
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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:

   Section  1.  Subdivision  (a) of section 1303 of the surrogate's court
 procedure act, as amended by chapter 281 of the laws of 1995, is amended
 to read as follows:
   (a) If the deceased dies intestate, the right to act  as  a  voluntary
 administrator  is  hereby given [first to the surviving adult spouse, if
 any, of the decedent and if there be none or  if  the  spouse  renounce,
 then  in  order to a competent adult who is a child or] IN THE FOLLOWING
 ORDER TO A COMPETENT ADULT DISTRIBUTEE  WHO  IS  THE  SURVIVING  SPOUSE,
 CHILD, grandchild, parent, brother or sister, niece or nephew or aunt or
 uncle  of the decedent, or if there be no such person who will act, then
 to the guardian of the property of an infant, the committee of the prop-
 erty of any incompetent person or the conservator of the property  of  a
 conservatee  [who is a distributee], THE FIDUCIARY OF A DECEASED DISTRI-
 BUTEE, OR TO A COMPETENT ADULT WHO IS NOT A DISTRIBUTEE UPON  THE  FILED
 CONSENT  OF  ALL  COMPETENT  DISTRIBUTEES,  and if none of the foregoing
 named persons will act or if there are no known distributees within  the
 categories  listed above, then to the chief fiscal officer of the county
 except in those counties  in  which  a  public  administrator  has  been
 appointed  under  articles  eleven  and  twelve  of this act. [After the
 surviving spouse, the first distributee  within  the  class  of  persons
 entitled  or  if no distributee will act or there are no known distribu-
 tees within the class of persons entitled, then the chief fiscal officer
 of the county as above who makes and files the required affidavit,] UPON
 FILING THE REQUIRED AFFIDAVIT, THE PERSON HAVING THE  RIGHT  TO  ACT  is
 authorized  to act as voluntary administrator, or as successor voluntary
 administrator in the event of the death or resignation of the  voluntary
 administrator before the completion of the settlement of the estate.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

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