Senate Bill S8340

                                 
BILL NUMBER: S8340

SPONSOR: SEPULVEDA
 
TITLE OF BILL:

An act to amend the surrogate's court procedure act, in relation to the
eligibility of a person who is not a lawful permanent resident to be a
fiduciary

 
PURPOSE:

To codify the law in accordance with a 2018 Second Department ruling,
ensuring that a person who is not a lawful permanent resident is not
automatically disqualified from serving as a fiduciary.

 
SUMMARY OF PROVISIONS:

Section 1: amends Section 707 of the Surrogate's Court Procedure Act by
adding a new subdivision (3), stating that a person who is not a lawful
permanent resident shall not be automatically disqualified from serving
as a fiduciary.

              

Section 2: provides that the act shall take effect immediately upon
becoming law.

 
JUSTIFICATION:

This bill clarifies that a person who is not a lawful permanent resident
shall not be automatically disqualified from serving as a fiduciary in
Surrogate's Court. Currently, immigration status can sometimes be a
barrier to appointment, even if the individual is qualified and trusted
by the decedent. This amendment ensures that eligibility is based on a
person's qualifications rather than their immigration status, promoting
fairness and inclusivity. It reflects New York's diverse population and
allows courts to exercise discretion in appointing fiduciaries who can
best serve the interests of the estate and beneficiaries.

Removing automatic disqualification aligns with New York's commitment to
equal access to justice and recognizes the important roles that non-law-
ful permanent residents play in families and communities.  Many estates
involve close relatives or trusted friends who may not have permanent
resident status but are nonetheless capable and willing to fulfill fidu-
ciary duties responsibly. By eliminating this barrier, the bill helps
prevent unnecessary delays or challenges in estate administration,
supporting efficient and just resolution of probate matters.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This law shall take effect immediate