S T A T E   O F   N E W   Y O R K
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                                  3164--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2021
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
   printed  to  be committed to the Committee on Judiciary -- recommitted
   to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee

 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-
 tees within the class of persons entitled, then the chief fiscal officer

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04381-04-2
              

 S. 3164--A                          2

 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.