senate Bill S4272

Signed By Governor
2013-2014 Legislative Session

Relates to settlement of account by a resigning fiduciary

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A7062 - Signed by Governor

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

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view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Nov 13, 2013 signed chap.483
Nov 01, 2013 delivered to governor
Jun 11, 2013 returned to assembly
passed senate
3rd reading cal.1017
substituted for s4272
Jun 11, 2013 substituted by a7062
Jun 10, 2013 advanced to third reading
Jun 05, 2013 2nd report cal.
Jun 04, 2013 1st report cal.1017
Mar 18, 2013 referred to judiciary


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S4272 - Details

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

S4272 - Summary

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

S4272 - Sponsor Memo

S4272 - Bill Text download pdf

                    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.


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