Legislation
SECTION 1610
General powers and duties of ancillary fiduciary 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 16
§ 1610. General powers and duties of ancillary fiduciary
1. The provisions of law governing the rights, powers, duties and
liabilities of a fiduciary apply to a person to whom ancillary letters
are granted under this article except where a special provision is
otherwise made or where a contrary intent is expressed in or plainly to
be inferred from the context.
2. The court or any court of this state having jurisdiction may
direct a person to whom ancillary letters have been issued to pay from
the assets received by him in this state the debts of the decedent due
to creditors who reside in this state. If the amount of all the
decedent's debts here and elsewhere exceeds the amount of all the
decedent's property applicable thereto the court may direct the
ancillary fiduciary to pay such sum to each resident creditor as equals
that creditor's share of all distributable assets.
3. The court or any court of the state having jurisdiction may direct
the ancillary fiduciary to distribute the remaining assets after the
payment of creditors and expenses to those entitled thereto or to
otherwise dispose of the assets as justice requires.
4. Unless a court shall direct the ancillary fiduciary to distribute
the assets as provided in the preceding subdivisions he is required to
transmit the remaining assets to the state or country where domiciliary
letters were granted to be disposed of pursuant to the law thereof.
1. The provisions of law governing the rights, powers, duties and
liabilities of a fiduciary apply to a person to whom ancillary letters
are granted under this article except where a special provision is
otherwise made or where a contrary intent is expressed in or plainly to
be inferred from the context.
2. The court or any court of this state having jurisdiction may
direct a person to whom ancillary letters have been issued to pay from
the assets received by him in this state the debts of the decedent due
to creditors who reside in this state. If the amount of all the
decedent's debts here and elsewhere exceeds the amount of all the
decedent's property applicable thereto the court may direct the
ancillary fiduciary to pay such sum to each resident creditor as equals
that creditor's share of all distributable assets.
3. The court or any court of the state having jurisdiction may direct
the ancillary fiduciary to distribute the remaining assets after the
payment of creditors and expenses to those entitled thereto or to
otherwise dispose of the assets as justice requires.
4. Unless a court shall direct the ancillary fiduciary to distribute
the assets as provided in the preceding subdivisions he is required to
transmit the remaining assets to the state or country where domiciliary
letters were granted to be disposed of pursuant to the law thereof.