Legislation
SECTION 1912
Effect of death of fiduciary 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 19
§ 1912. Effect of death of fiduciary
1. In the event of the death, removal or disqualification of all of
the fiduciaries before the granting of an order directing disposition of
the real property their successor must be substituted and the proceeding
shall continue by or against the successor.
2. In the event of such death, removal or disqualification after the
granting of the order but before the complete execution thereof the
successor must proceed without further order to complete all unfinished
matters as were required of his predecessors.
3. The successor must give such security for the performance of his
duties as the court may require.
4. If no successor is appointed the court may make an order
authorizing the fiduciary of the last surviving fiduciary, on giving
such security as the court may require, to continue the proceeding or to
complete all unfinished matters as were required of the fiduciary.
1. In the event of the death, removal or disqualification of all of
the fiduciaries before the granting of an order directing disposition of
the real property their successor must be substituted and the proceeding
shall continue by or against the successor.
2. In the event of such death, removal or disqualification after the
granting of the order but before the complete execution thereof the
successor must proceed without further order to complete all unfinished
matters as were required of his predecessors.
3. The successor must give such security for the performance of his
duties as the court may require.
4. If no successor is appointed the court may make an order
authorizing the fiduciary of the last surviving fiduciary, on giving
such security as the court may require, to continue the proceeding or to
complete all unfinished matters as were required of the fiduciary.