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.
S T A T E O F N E W Y O R K
________________________________________________________________________
6280
2025-2026 Regular Sessions
I N A S S E M B L Y
March 3, 2025
___________
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] SIBLING, CHILD OF A SIBLING OR SIBLING OF A PARENT of the
decedent, or if there be no such person who will act, then to the guard-
ian of the property of an infant, the committee of the property of [any]
AN incompetent person or the conservator of the property of a conserva-
tee 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 cate-
gories 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
[ ] is old law to be omitted.
LBD09894-01-5
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.