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This entry was published on 2014-09-22
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SECTION 1213
General powers 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 12
§ 1213. General powers

1. The public administrator shall have all the powers specifically
granted herein and also the powers given by law to a fiduciary of a
decedent's estate.

2. In addition to the foregoing grant of powers and without limitation
thereon and subject to the provisions of section 1128 of this act he is
authorized to

(a) Sell at public auction the personal property of the decedent
delivered to him by any county officer or department, but such sale
shall not be had until notice of the public auction shall be published
once a week for two consecutive weeks in a newspaper published in the
county, the first publication to be not less than 20 days prior to the
public auction.

(b) Retain marketable securities beyond 4 months after he has
commenced to act as fiduciary of the estate when authorized to do so by
order of the court.

(c) File in the court after the expiration of 7 months from the time
he or she commences to act as fiduciary of the estate an informatory
account in estates in which the gross value of the assets accounted for
does not exceed the monetary amount defined as a small estate pursuant
to subdivision 1 of section 1301 of this act and a copy of such account
shall be mailed by certified mail, return receipt requested, to each of
the persons entitled to receive process upon an accounting proceeding
provided the names and addresses of such persons be known to him or her.
Unless objection or claim be properly filed in the court within 30 days
from mailing such account a final decree settling his or her account may
be entered without further notice or proceedings and with the same
effect as in an accounting proceeding and he or she shall be entitled to
the commissions, costs and allowances allowed him or her by the court in
the decree.

(d) Pay for the use and benefit of an infant distributee or legatee
who has no guardian the share or legacy due him if not exceeding $5,000
by payment thereof in his discretion to a parent or to an adult,
competent person with whom the infant resides.

(e) Pay to the comptroller of the state of New York the balance of any
moneys or other assets in his hands remaining after settlement of his
accounts, formally or informally, where payable to unknown persons or to
known persons whose residences are unknown.

(f) Apply ex parte or upon such notice as directed by the court for an
order or decree in any appropriate proceeding requiring the county
treasurer to return to the public administrator any money or
unliquidated assets theretofore deposited by him and remaining in the
treasury of the county for the account of unknown persons or of known
persons whose domiciles are unknown and upon further order of the court
to make distribution of such recovered funds to the persons entitled
thereto.