S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4269
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2023
                                ___________
 
 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] 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05481-01-3
              

 A. 4269                             2
 
 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.