S T A T E O F N E W Y O R K
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11048
I N A S S E M B L Y
June 1, 2018
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Introduced by COMMITTEE ON RULES -- (at request of M. of A. Abinanti) --
read once and referred to the Committee on Judiciary
AN ACT to amend the surrogate's court procedure act, in relation to the
granting of letters of administration and letters of administration
with will annexed
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 6 and 7 of section 1001 of the surrogate's
court procedure act, subdivision 6 as amended by chapter 514 of the laws
of 1993 and subdivision 7 as amended by chapter 115 of the laws of 1981,
are amended to read as follows:
6. Letters of administration may be granted to an eligible distributee
or to an eligible person who is not a distributee upon the acknowledged
and filed consents of all eligible distributees, or if there are no
eligible distributees, then on the consents of all distributees, except
that the guardian of the property of an infant distributee, the commit-
tee of the property of an incompetent distributee or the conservator of
property of a conservatee appointed within the State of New York may so
consent on behalf of his ward. FOR PURPOSES OF THIS SUBDIVISION, A
DISTRIBUTEE IS ELIGIBLE IF LETTERS OF ADMINISTRATION COULD BE ISSUED TO
HIM OR HER ALONE OR ACTING TOGETHER WITH THE PERSON OR PERSONS SO NOMI-
NATED.
7. Letters of administration may be granted to a trust company or
other corporation authorized to act as fiduciary upon the acknowledged
and filed consents of all ELIGIBLE distributees [inclusive of those who
may be non-domiciliary aliens, provided that all such persons are other-
wise eligible], OR IF THERE ARE NO ELIGIBLE DISTRIBUTES, THEN ON
CONSENTS OF ALL DISTRIBUTEES, except that the guardian of the property
of an infant distributee, the committee of the property of an incompe-
tent distributee or the conservator of property of a conservatee
appointed within the state of New York may so consent on behalf of his
ward. FOR PURPOSES OF THIS SUBDIVISION, A DISTRIBUTEE IS ELIGIBLE IF
LETTERS OF ADMINISTRATION COULD BE ISSUED TO HIM OR HER ALONE OR ACTING
TOGETHER WITH THE TRUST COMPANY OR OTHER CORPORATION SO NOMINATED.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16139-01-8
A. 11048 2
§ 2. Subdivisions 6 and 7 of section 1418 of the surrogate's court
procedure act, subdivision 6 as amended by chapter 115 of the laws of
1981 and subdivision 7 as amended by chapter 536 of the laws of 1985,
are amended to read as follows:
6. Administration may be granted to an eligible person or persons not
entitled as beneficiaries upon the acknowledged and filed consent of all
of the ELIGIBLE beneficiaries, [provided all the beneficiaries are them-
selves eligible. The] OR IF THERE ARE NO ELIGIBLE BENEFICIARIES, THEN ON
THE CONSENT OF ALL OF THE BENEFICIARIES, EXCEPT THAT THE guardian of the
property of an infant beneficiary, the committee of the property of an
incompetent beneficiary or the conservator of the property of a conser-
vatee beneficiary APPOINTED WITHIN THE STATE OF NEW YORK, may so consent
ON BEHALF OF HIS OR HER WARD. FOR PURPOSES OF THIS SUBDIVISION, A BENE-
FICIARY IS ELIGIBLE IF LETTERS OF ADMINISTRATION WITH WILL ANNEXED COULD
BE ISSUED TO HIM OR HER ALONE OR ACTING TOGETHER WITH THE PERSON OR
PERSONS OR SO NOMINATED.
7. Administration may be granted to a trust company or other corpo-
ration authorized to act as fiduciary upon the acknowledged and filed
consents of all the ELIGIBLE beneficiaries [inclusive of those who may
be non-domiciliary aliens, provided that all such beneficiaries are
otherwise eligible. The], OR IF THERE ARE NO ELIGIBLE BENEFICIARIES,
THEN ON THE CONSENTS OF ALL BENEFICIARIES, EXCEPT THAT THE guardian of
the property of an infant beneficiary, the committee of the property of
an incompetent beneficiary, or the conservator of the property of a
conservatee beneficiary appointed within the state OF NEW YORK, may so
consent ON BEHALF OF HIS OR HER WARD. FOR PURPOSES OF THIS SUBDIVISION,
A BENEFICIARY IS ELIGIBLE IF LETTERS OF ADMINISTRATION WITH WILL ANNEXED
COULD BE ISSUED TO HIM OR HER ALONE OR ACTING TOGETHER WITH THE TRUST
COMPANY OR OTHER CORPORATION SO NOMINATED.
§ 3. This act shall take effect immediately and shall apply to all
proceedings occurring on or after such effective date.