Relates to persons who may become a voluntary administrator; includes fiduciaries of a deceased distributee, or a competent adult who is not a distributee upon the filed consent of all competent distributees as persons who can become a voluntary administrator prior to the chief fiscal officer of the county becoming such.
S T A T E O F N E W Y O R K
________________________________________________________________________
11060
I N A S S E M B L Y
October 7, 2020
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Steck) --
read once and referred to the Committee on Judiciary
AN ACT to amend the surrogate's court procedure act, in relation to
persons who may become a voluntary administrator
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision (a) of section 1303 of the surrogate's court
procedure act, as amended by chapter 281 of the laws of 1995, is amended
to read as follows:
(a) If the deceased dies intestate, the right to act as a voluntary
administrator is hereby given [first to the surviving adult spouse, if
any, of the decedent and if there be none or if the spouse renounce,
then in order to a competent adult who is a child or] IN THE FOLLOWING
ORDER TO A COMPETENT ADULT DISTRIBUTEE WHO IS THE SURVIVING SPOUSE,
CHILD, grandchild, parent, brother or sister, niece or nephew or aunt or
uncle of the decedent, or if there be no such person who will act, then
to the guardian of the property of an infant, the committee of the prop-
erty of any incompetent person or the conservator of the property of a
conservatee [who is a distributee], THE FIDUCIARY OF A DECEASED DISTRI-
BUTEE, OR TO A COMPETENT ADULT WHO IS NOT A DISTRIBUTEE UPON THE FILED
CONSENT OF ALL COMPETENT DISTRIBUTEES, and if none of the foregoing
named persons will act or if there are no known distributees within the
categories listed above, then to the chief fiscal officer of the county
except in those counties in which a public administrator has been
appointed under articles eleven and twelve of this act. [After the
surviving spouse, the first distributee within the class of persons
entitled or if no distributee will act or there are no known distribu-
tees within the class of persons entitled, then the chief fiscal officer
of the county as above who makes and files the required affidavit,] UPON
FILING THE REQUIRED AFFIDAVIT, THE PERSON HAVING THE RIGHT TO ACT is
authorized to act as voluntary administrator, or as successor voluntary
administrator in the event of the death or resignation of the voluntary
administrator before the completion of the settlement of the estate.
§ 2. This act shall take effect on the thirtieth day after it shall
have become a law.
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