Senate Bill S4342

2023-2024 Legislative Session

Relates to persons who may become a voluntary administrator

download bill text pdf

Sponsored By

Current Bill Status - In Assembly 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions
Votes

2023-S4342 (ACTIVE) - Details

See Assembly Version of this Bill:
A4269
Current Committee:
Assembly Judiciary
Law Section:
Surrogate's Court Procedure Act
Laws Affected:
Amd §1303, SCPA
Versions Introduced in Other Legislative Sessions:
2019-2020: S8930, A11060
2021-2022: S3164, A295

2023-S4342 (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.

2023-S4342 (ACTIVE) - Sponsor Memo

2023-S4342 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4342
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 7, 2023
                                ___________
 
 Introduced by Sen. SEPULVEDA -- 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
   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] AN incompetent person or the conservator of  the  property
 of  a  conservatee  who  is  a  distributee, THE FIDUCIARY OF A DECEASED
 DISTRIBUTEE, OR TO A COMPETENT ADULT WHO IS NOT A DISTRIBUTEE  UPON  THE
 FILED  CONSENTS  OF ALL COMPETENT ADULT 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05481-01-3

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.