Legislation
SECTION 1115
Letters not required for small estates 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 11
§ 1115. Letters not required for small estates
1. Without the issuance of letters the public administrator by virtue
of his 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
monetary 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 public administrator commences to act pursuant to subdivision 1
shall exceed the monetary amount defined as a small estate pursuant to
subdivision 1 of section 1301 of this act the public administrator shall
forthwith apply for letters.
3. The delivery by the public administrator to a debtor, transfer
agent or person holding personal property of the decedent of a
certificate evidencing his authority to act under this section, his
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.
1. Without the issuance of letters the public administrator by virtue
of his 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
monetary 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 public administrator commences to act pursuant to subdivision 1
shall exceed the monetary amount defined as a small estate pursuant to
subdivision 1 of section 1301 of this act the public administrator shall
forthwith apply for letters.
3. The delivery by the public administrator to a debtor, transfer
agent or person holding personal property of the decedent of a
certificate evidencing his authority to act under this section, his
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.