|
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
|---|---|
| Jul 18, 2012 |
signed chap.142 |
| Jul 06, 2012 |
delivered to governor |
| May 16, 2012 |
returned to assembly passed senate 3rd reading cal.626 substituted for s6653a |
| May 16, 2012 |
substituted by a9508a |
| May 07, 2012 |
advanced to third reading |
| May 02, 2012 |
2nd report cal. amended 6653a |
| May 01, 2012 |
1st report cal.626 |
| Mar 08, 2012 |
referred to judiciary |
Senate Bill S6653
Signed By Governor2011-2012 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status Via A9508 - Signed by Governor
- 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
Actions
Votes
Bill Amendments
co-Sponsors
(D, WF) Senate District
2011-S6653 - Details
- See Assembly Version of this Bill:
- A9508
- Law Section:
- Surrogate's Court Procedure Act
- Laws Affected:
- Amd §§1123 & 1213, SCPA
2011-S6653 - 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
2011-S6653 - Bill Text download pdf
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.
co-Sponsors
(D, WF) Senate District
2011-S6653A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A9508
- Law Section:
- Surrogate's Court Procedure Act
- Laws Affected:
- Amd §§1123 & 1213, SCPA
2011-S6653A (ACTIVE) - Sponsor Memo
BILL NUMBER:S6653A
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
2011-S6653A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
6653--A
Cal. No. 626
I N S E N A T E
March 8, 2012
___________
Introduced by Sens. BONACIC, HASSELL-THOMPSON -- (at request of the
Office of Court Administration) -- read twice and ordered printed, and
when printed to be committed to the Committee on Judiciary -- reported
favorably from said committee, ordered to first report, amended on
first report, ordered to a second report, and to be reprinted as
amended, retaining its place in the order of second report
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 DEFINED AS A
SMALL ESTATE PURSUANT TO SUBDIVISION 1 OF 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 settl-
ing his OR HER account may be entered without further notice or
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. 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.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.