senate Bill S4272

Relates to settlement of account by a resigning fiduciary

download pdf


Bill Status

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


  • 18 / Mar / 2013
  • 04 / Jun / 2013
    • 1ST REPORT CAL.1017
  • 05 / Jun / 2013
  • 10 / Jun / 2013
  • 11 / Jun / 2013


Relates to settlement of account by a resigning fiduciary; requires the petition show the facts upon which an application to resign is founded.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
Legislative Cycle:
Law Section:
Surrogate's Court Procedure Act
Laws Affected:
Amd §§715 & 716, SCPA

Sponsor Memo


TITLE OF BILL: An act to amend the surrogate's court procedure act,
in relation to the settlement of account by a resigning fiduciary

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.

Assuming there are no persons interested in an estate or trust who are
under a disability (see SCPA 103 (40)), a fiduciary may settle an
account by formal judicial process (e.g., judicial accounting) whether
voluntary or compulsory - or by the nonjudicial settlement by receipts
and releases, or by filing an instrument under SCPA 2202 and 2203
(which provide for the recording of instruments settling an
account).}.Absent a provision otherwise in the governing instrument,
subdivision 8 of section 315 of the SCPA provides that virtual
representation applies to the nonjudicial settlement of an account.

The procedure on an informal account is for the fiduciary to prepare
an account that is sent to the persons interested together with
receipts and releases. Following the return of the receipts and
releases, the fiduciary may distribute the estate or trust and then
close it. An agreement to informally settle a fiduciary's account will
constitute a full settlement discharging the fiduciary and binding the
parties provided: (1) all those who would be necessary parties to a
judicial accounting sign the agreement; (2) the fiduciary has made
full disclosure; and (3) all signatories are adult and competent.}.

Today, the preferred method to settle an estate or trust is by an
informal account and receipts and releases executed by the persons
interested. The informal settlement of an account usually saves time
and money, and may also foster family harmony. In light of this shift
in practice, it is proposed that sections 715 and 716 of the SCPA be
amended to remove any requirement that a resigning fiduciary seek to
file a judicial account. This measure merely removes the requirements
and is not intended to usurp the Surrogate's authority to exercise his
or her discretion to direct the filing of a judicial account.

This act shall take effect immediately and shall apply to estates of
decedents dying on or after such date.

Legislative History:

None. New proposal.

1.Groppe et. al" Harris 6th Edition: New York Estates: Probate,
Administration and Litigation, § 18:99 - 18:109.

2.See, Matter of Goldstick, 177 AD2d 225 (1" Dept 1992); Warren's
Heaton on Surrogate's Practice § 94.02.

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


                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 18, 2013

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 account by a resigning fiduciary


  Section  1.  Section  715  of  the  surrogate's court procedure act is
amended to read as follows:
S 715. Application by fiduciary for permission to resign
  A fiduciary may present to the court at any time  a  petition  praying
that  he  OR  SHE  be  permitted  to  resign, that his OR HER letters be
revoked and that he OR SHE be permitted to  [file  and  proceed  to  the
judicial  settlement  of]  SETTLE  his  OR  HER  account  JUDICIALLY  OR
INFORMALLY as such fiduciary [within a time to be fixed by  the  court],
and  that  notice  of the application be given to the persons and in the
manner directed by the court. The petition [must] SHALL show  the  facts
upon which the application is founded.
  S 2. Section 716 of the surrogate's court procedure act, as amended by
chapter 503 of the laws of 1980, is amended to read as follows:
S 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, revok-
ing 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 [file] SETTLE his OR  HER  account
[and  a petition for the judicial settlement thereof and proceed to have
it judicially settled] JUDICIALLY OR INFORMALLY. The proceedings  there-
upon,  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

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

S. 4272                             2

settlement  of the petitioner's account, except that the successor fidu-
ciary, 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.
  S 3. This act shall take effect immediately and shall apply to estates
of decedents dying on or after such date.


Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.