Assembly Bill A5714

2011-2012 Legislative Session

Eliminates the $5,000 limit on small estates for which a public administrator must file an informatory accounting

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-A5714 (ACTIVE) - Details

See Senate Version of this Bill:
S4008
Current Committee:
Assembly Judiciary
Law Section:
Surrogate's Court Procedure Act
Laws Affected:
Amd ยง1213, SCPA
Versions Introduced in 2009-2010 Legislative Session:
A10844, S6674

2011-A5714 (ACTIVE) - Summary

Eliminates the $5,000 limit on small estates for which a public administrator must file an informatory accounting; substitutes the limit established by law for small estates.

2011-A5714 (ACTIVE) - Bill Text download pdf 

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

                                  5714

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 25, 2011
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT,  MARKEY,  GABRYSZAK, McDONOUGH,
  JORDAN, HOOPER, ZEBROWSKI, REILLY, FINCH -- Multi-Sponsored by  --  M.
  of  A. BARCLAY, CALHOUN, DenDEKKER, GOTTFRIED, KOLB, MILLMAN, ORTIZ --
  read once and referred to the Committee on Judiciary

AN ACT to amend the surrogate's court procedure act, in relation to  the
  filing  by  a  public administrator of an informatory accounting for a
  small estate

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

  Section  1.  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 DEFINED  AS  A
SMALL  ESTATE  PURSUANT  TO  SECTION 1301 OF THIS ACT 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 settling 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 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07225-01-1

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