Assembly Bill A295

2021-2022 Legislative Session

Relates to persons who may become a voluntary administrator

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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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Bill Amendments

2021-A295 - Details

Current Committee:
Assembly Judiciary
Law Section:
Surrogate's Court Procedure Act
Laws Affected:
Amd §1303, SCPA
Versions Introduced in Other Legislative Sessions:
2019-2020: A11060
2023-2024: A4269

2021-A295 - 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.

2021-A295 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    295
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

2021-A295A (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Surrogate's Court Procedure Act
Laws Affected:
Amd §1303, SCPA
Versions Introduced in Other Legislative Sessions:
2019-2020: A11060
2023-2024: A4269

2021-A295A (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.

2021-A295A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  295--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by M. of A. STECK -- read once and referred to the Committee
   on Judiciary -- recommitted to the Committee on Judiciary  in  accord-
   ance  with  Assembly  Rule  3,  sec.  2  -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee

 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] AN incompetent person or the conservator of  the  property
 of  a  conservatee  who  is  a  distributee, THE FIDUCIARY OF A DECEASED
 DISTRIBUTEE, OR TO A COMPETENT ADULT WHO IS NOT A DISTRIBUTEE  UPON  THE
 FILED  CONSENTS  OF ALL COMPETENT ADULT 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-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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