Legislation
SECTION 716
Proceedings thereupon If it shall be determined that the petition should be granted, an intermediate order may be entered forthwith or at...
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 7
§ 716. Proceedings thereupon
If it shall be determined that the petition should be granted, an
intermediate order may be entered forthwith or at any time during the
pendency of the proceeding, permitting the petitioner to resign,
revoking his or her letters, or removing him or her, appointing a
successor, and directing the resigning fiduciary to turn over all assets
in his or her hands to his or her successor and settle his or her
account judicially or informally. The proceedings thereupon, whether or
not the letters of the petitioner be revoked or he or she be removed,
must be the same as upon a petition for the judicial settlement of the
petitioner's account, except that the successor fiduciary, if one shall
have been appointed, shall be a necessary party to it. Upon the
resigning fiduciary fully accounting and paying over all money which is
found to be due from him or her and delivering over all books, papers
and other property in his or her hands to his or her successor, or in
such manner as the court directs, a decree may be made discharging him
or her accordingly.
If it shall be determined that the petition should be granted, an
intermediate order may be entered forthwith or at any time during the
pendency of the proceeding, permitting the petitioner to resign,
revoking his or her letters, or removing him or her, appointing a
successor, and directing the resigning fiduciary to turn over all assets
in his or her hands to his or her successor and settle his or her
account judicially or informally. The proceedings thereupon, whether or
not the letters of the petitioner be revoked or he or she be removed,
must be the same as upon a petition for the judicial settlement of the
petitioner's account, except that the successor fiduciary, if one shall
have been appointed, shall be a necessary party to it. Upon the
resigning fiduciary fully accounting and paying over all money which is
found to be due from him or her and delivering over all books, papers
and other property in his or her hands to his or her successor, or in
such manner as the court directs, a decree may be made discharging him
or her accordingly.