senate Bill S6653

Amended

Relates to the settlement of informatory accounts by public administrators

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 08 / Mar / 2012
    • REFERRED TO JUDICIARY
  • 01 / May / 2012
    • 1ST REPORT CAL.626
  • 02 / May / 2012
    • AMENDED 6653A
  • 02 / May / 2012
    • 2ND REPORT CAL.
  • 07 / May / 2012
    • ADVANCED TO THIRD READING
  • 16 / May / 2012
    • SUBSTITUTED BY A9508A

Summary

Relates to the settlement of informatory accounts by public administrators.

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Bill Details

See Assembly Version of this Bill:
A9508
Versions:
S6653
S6653A
Legislative Cycle:
2011-2012
Law Section:
Surrogate's Court Procedure Act
Laws Affected:
Amd §§1123 & 1213, SCPA

Sponsor Memo

BILL NUMBER:S6653

TITLE OF BILL:
An act
to amend the surrogate's court procedure act, in relation to the
settlement of informatory accounts by public administrators

This is one in a series of measures being introduced at the request
of the Chief Administrative Judge upon the recommendation of her
Surrogate's Court Advisory Committee.

This measure would amend SCPA §§1123(2)(e) and 1213(2)(c) in
relation to the settlement of small estates by the Public
Administrators within and without the city of New York.

SCPA §§1123(2)(e) and 1213(2)(c) index the value of an estate as to
which the Public Administrator may act without the issuance of
letters to the monetary amount defined as a small estate pursuant to
SCPA §1301(1). Accordingly, the authority of public administrators to
administer small estates in an efficient and cost effective manner
will increase correspondingly as the monetary definition of a
small estate may change over time. Despite the cohesiveness of these
statutes, a dichotomy exists regarding the settlement of small
estates between the public administrators within and without New York
City. SCPA §1123(2)(e), as amended in 1993, permits public
administrators within the City to file an informatory account where
the gross value of the estate accounted for is "less than" that as
defined as a small estate in SCPA §1301(1). SCPA §1213(2)(c),
however, limits the filing of informatory accounts by public
administrator's outside the City to estates where the gross value of
assets accounted for is less than $5,000. As a result, these modest
estates are burdened with the disproportionate cost of a judicial
accounting which often includes the cost of publication and the
associated fee of a
guardian ad litem. This measure would provide the public
administrators of these estates with the same efficient and cost
effective means of settling their accounts as is afforded to all
other voluntary administrators. Moreover, it is appropriate that the
monetary definition of a small estate be the upper limit by which
these statutes shall apply.

This measure amends both SCPA § 1123(2)(e) and § 1213(2)(c) to
permit the settlement of small estates by filing informatory accounts
where the gross value of the assets accounted for does not exceed the
monetary amount defined as a small estate pursuant to SCPA §1301(1).
This amendment does not abridge the procedure for administering
estates of $500 or less.

This measure would have no fiscal impact on the State. It would take
effect immediately; provided, however, that it shall apply only to

the estates of decedents who shall have died on or after such
effective date.

LEGISLATIVE HISTORY:
None. New proposal.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6653

                            I N  S E N A T E

                              March 8, 2012
                               ___________

Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
  istration) -- read twice and ordered printed, and when printed  to  be
  committed to the Committee on Judiciary

AN  ACT to amend the surrogate's court procedure act, in relation to the
  settlement of informatory accounts by public administrators

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraph  (e)  of  subdivision  2 of section 1123 of the
surrogate's court procedure act, as amended by chapter 655 of  the  laws
of 1993, is amended to read as follows:
  (e)  File  in the court an informatory account in a form prescribed by
rule where the gross value of the assets of the estate accounted for [is
more than $500 and less than that  as]  DOES  NOT  EXCEED  THE  MONETARY
AMOUNT  defined  as  a  small estate in subdivision 1 of section 1301 of
this act and shall serve a copy of such informatory accounting by certi-
fied mail on all interested parties at least 30  days  prior  to  filing
with the court.
  S 2. Paragraph (c) of subdivision 2 of section 1213 of the surrogate's
court  procedure  act, as amended by chapter 655 of the laws of 1993, is
amended to read as follows:
  (c) File in the court after the expiration of 7 months from  the  time
he  OR  SHE  commences  to act as fiduciary of the estate an informatory
account in estates in which the gross value of the assets accounted  for
[is  less than $5,000] DOES NOT EXCEED THE MONETARY AMOUNT and a copy of
such  account  shall  be  mailed  by  certified  mail,  return   receipt
requested,  to  each  of the persons entitled to receive process upon an
accounting proceeding provided the names and addresses of  such  persons
be  known to him OR HER.  Unless objection or claim be properly filed in
the court within 30 days from mailing such account a final decree settl-
ing his OR  HER  account  may  be  entered  without  further  notice  or
proceedings  and with the same effect as in an accounting proceeding and
he OR SHE shall be entitled to the  commissions,  costs  and  allowances
allowed him OR HER by the court in the decree.
  S  3.  This act shall take effect immediately; provided, however, that
it shall apply only to the estates of decedents who shall have  died  on
or after such effective date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14236-01-2

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