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This entry was published on 2014-09-22
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SECTION 1311
Administration of funds payable under social security act of the United States, the unemployment insurance law and the workmen's compensa...
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 13
§ 1311. Administration of funds payable under social security act of the

United States, the unemployment insurance law and the

workmen's compensation law.

1. In virtue of his office and without issuance of letters each
public administrator, and in counties having no public administrator,
each county treasurer is authorized to receive from the social security
board of the United States or the unemployment insurance fund of the
state or from any person making payment under the workmen's compensation
law, for application according to law in the payment of administration
expenses, funeral expenses and for distribution to the distributees of
the deceased any moneys not exceeding $500 payable pursuant to title II
of the social security act of the United States or pursuant to the
unemployment insurance law, or pursuant to the workmen's compensation
law, as the case may be, to the estate of any person dying intestate a
resident of his county.

2. The moneys so received by the public administrator or county
treasurer shall be applicable to the payment of the expenses of
administration, to the payment of reasonable funeral expenses not
otherwise provided for and any balance may be distributed without prior
accounting decree to the persons entitled thereto as distributees of the
decedent.

3. In the case of an infant or incompetent his share, if not
exceeding $1,000, may be paid for the use and benefit of the infant to a
parent or to some competent person with whom the infant or incompetent
resides or who has an interest in his welfare.

4. If the sum payable to a patient in an institution in the state
department of mental hygiene is not in excess of the amount which the
director of the institution is authorized to receive pursuant to section
29.23 of the mental hygiene law, it may be paid to such director for use
as provided in that section.