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This entry was published on 2014-09-22
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SECTION 1205
Vacancy in office; delivery of money, papers and effects; discharge 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 12
§ 1205. Vacancy in office; delivery of money, papers and effects;

discharge

1. Whenever the public administrator shall resign or be removed, he
shall immediately deliver over to his successor all papers, moneys and
effects in his hands.

2. In case of the death of a public administrator the persons into
whose custody or possession any such papers, moneys or effects shall
come, shall deliver them on demand to the successor. Upon the
resignation, removal or death of any public administrator, if there be
no deputy public administrator, the clerk of the surrogate's court of
his county shall immediately take possession for custodial purposes only
of all papers, moneys and effects which were in the hands of the public
administrator. Delivery in either of the above cases may be enforced in
the manner provided by law in relation to public officers. Upon the
appointment of a duly qualified successor the clerk shall immediately
deliver over to the successor all such papers, moneys and effects so
held by him and such successor upon duly qualifying shall succeed at
once to all the rights, duties and powers of his predecessor without the
reissuance of formal letters to him.

3. In any final accounting by a public administrator the court shall
discharge the acting administrator and any prior public administrator
who may have acted in the estate.