Senate Bill S4903

Signed By Governor
2019-2020 Legislative Session

Relates to the removal of references to section 1801 of the surrogate's court procedure act

download bill text pdf

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Archive: Last Bill Status - 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

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2019-S4903 (ACTIVE) - Details

See Assembly Version of this Bill:
A7407
Law Section:
Surrogate's Court Procedure Act
Laws Affected:
Amd §§1802 & 1803, SCPA

2019-S4903 (ACTIVE) - Summary

Removes references to section 1801 of the surrogate's court procedure act, which was repealed in 1994.

2019-S4903 (ACTIVE) - Sponsor Memo

2019-S4903 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4903
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 29, 2019
                                ___________
 
 Introduced  by  Sen.  RANZENHOFER -- 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
   removing invalid references
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1802 of the surrogate's  court  procedure  act,  as
 amended  by  chapter  15  of  the  laws  of  1970, is amended to read as
 follows:
 § 1802. Effect of failure to present claim
   If any claim is not presented [on or  before  the  day  fixed  in  the
 notice published pursuant to the preceding section or if no notice is so
 published,] within 7 months from the date of issue of letters, the fidu-
 ciary  shall not be chargeable for any assets or moneys that he may have
 paid in good faith in satisfaction of any lawful claims or of any  lega-
 cies  or  distributions  to the legatees or distributees of the decedent
 before such claim was presented.  Such 7 month period shall begin on the
 date letters were first issued to any fiduciary, including  a  temporary
 administrator or a preliminary executor, and shall not be interrupted by
 any subsequent issue of letters, except that the time during which there
 is no fiduciary in office shall not be counted as part of such period.
   §  2. Subdivision 2 of section 1803 of the surrogate's court procedure
 act, as amended by chapter 514 of the laws of 1993, is amended  to  read
 as follows:
   2.  The notice of claim required by this section shall be presented by
 delivering a copy thereof to a fiduciary personally or by certified mail
 return receipt requested addressed to the  fiduciary  at  the  place  of
 residence  stated in the designation required by 708 [or if a notice has
 been published pursuant to 1801, at the place specified therein] or upon
 the clerk of the court pursuant to the designation  required  under  708
 whenever  the fiduciary cannot be found or served within the state after
 due diligence.
   § 3. This act shall take effect immediately.

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