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This entry was published on 2014-09-22
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SECTION 1212
Powers before issuance of letters Before letters are issued to him and subject to the provisions of section 1128 of this act the public a...
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 12
§ 1212. Powers before issuance of letters

Before letters are issued to him and subject to the provisions of
section 1128 of this act the public administrator is authorized to

1. Take possession of, collect and secure the personal property
within his county of any person who shall die intestate or testate
either within this state or elsewhere or whose property shall arrive
within the county after his 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 if his
whereabouts are unknown or if he is not eligible to receive letters.

2. Take possession of, manage and collect the rents of the real
property of an intestate whose distributees are unknown or whose
distributees, 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 if
his whereabouts are unknown or if he is not eligible to receive letters.

3. Make necessary funeral arrangements for the decedent and to pay
the reasonable charges therefor.

4. Institute an inquiry as provided by 1216.

5. Sell, as and when authorized by the court, perishable property or
such other property of the decedent as the preservation of the estate
requires.

6. Defray the expenses of the foregoing activities and the expenses
incidental to his application for letters.