Assembly Bill A11060

2019-2020 Legislative Session

Relates to persons who may become a voluntary administrator

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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2019-A11060 (ACTIVE) - Details

See Senate Version of this Bill:
S8930
Current Committee:
Assembly Judiciary
Law Section:
Surrogate's Court Procedure Act
Laws Affected:
Amd §1303, SCPA
Versions Introduced in Other Legislative Sessions:
2021-2022: A295, S3164
2023-2024: A4269, S4342

2019-A11060 (ACTIVE) - Summary

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.

2019-A11060 (ACTIVE) - Bill Text download pdf 

                            
 
                     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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