Legislation
SECTION 1215
When authorized to receive process or appear 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 12
§ 1215. When authorized to receive process or appear
1. The public administrator may be authorized by the court to receive
process or other notice as a necessary party in the following
proceedings:
(a) Any proceeding pending in the court where service of process or
notice of or in behalf of any known or unknown persons is directed by
the court or where the court by order directs the public administrator
to appear therein.
(b) Every proceeding for the appointment of an administrator or for
the probate of a will where it appears that the persons applying or
named in the petition are not all of the distributees of the decedent or
where it appears that such persons are related to the decedent in the
fourth degree of consanguinity or are more remotely related.
(c) Every proceeding to effect distribution of moneys or property to
be deposited or deposited for the account of unknown persons or of
infants or incompetents, of known persons whose residences are unknown
or of known persons whose shares were deposited pursuant to 2218. In any
such proceeding when so authorized the public administrator shall be
deemed an interested party.
2. In all such proceedings the public administrator, in his
discretion, may take any action in behalf of such person or persons as a
party interested might.
3. Whenever a public administrator acts pursuant to this section he
shall be allowed by the court his proper expenses and his counsel shall
be allowed his reasonable fee. Such expenses and fee shall be payable
either from the estate generally or from the shares or interests of the
respective persons represented by the public administrator, as may be
directed by the court.
1. The public administrator may be authorized by the court to receive
process or other notice as a necessary party in the following
proceedings:
(a) Any proceeding pending in the court where service of process or
notice of or in behalf of any known or unknown persons is directed by
the court or where the court by order directs the public administrator
to appear therein.
(b) Every proceeding for the appointment of an administrator or for
the probate of a will where it appears that the persons applying or
named in the petition are not all of the distributees of the decedent or
where it appears that such persons are related to the decedent in the
fourth degree of consanguinity or are more remotely related.
(c) Every proceeding to effect distribution of moneys or property to
be deposited or deposited for the account of unknown persons or of
infants or incompetents, of known persons whose residences are unknown
or of known persons whose shares were deposited pursuant to 2218. In any
such proceeding when so authorized the public administrator shall be
deemed an interested party.
2. In all such proceedings the public administrator, in his
discretion, may take any action in behalf of such person or persons as a
party interested might.
3. Whenever a public administrator acts pursuant to this section he
shall be allowed by the court his proper expenses and his counsel shall
be allowed his reasonable fee. Such expenses and fee shall be payable
either from the estate generally or from the shares or interests of the
respective persons represented by the public administrator, as may be
directed by the court.