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

Sponsored By

Current Bill Status - 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 (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Nov 20, 2019 signed chap.520
Nov 08, 2019 delivered to governor
Jun 03, 2019 returned to senate
passed assembly
ordered to third reading cal.440
substituted for a7407
May 30, 2019 referred to judiciary
delivered to assembly
passed senate
May 20, 2019 advanced to third reading
May 15, 2019 2nd report cal.
May 14, 2019 1st report cal.703
Mar 29, 2019 referred to judiciary

S4903 (ACTIVE) - Details

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

S4903 (ACTIVE) - Summary

Removes references to section 1801 of the surrogate's court procedure act, which was repealed in 1994.

S4903 (ACTIVE) - Sponsor Memo

S4903 (ACTIVE) - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K


                       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


  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
§ 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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