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This entry was published on 2014-09-22
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General powers of public administrator
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 11
§ 1123. General powers of public administrator.

1. Every public administrator shall have all the powers specifically
granted herein and also the powers given by law to a fiduciary of a
decedent's estate.

2. In addition to the foregoing grant of powers and without limitation
thereon each public administrator is authorized to:

(a) Sell personal property of the decedent at public auction pursuant
to notice appearing for 3 successive days prior to the sale in a
newspaper published in the county pursuant to the provisions of section
1128 of this article.

(b) Retain marketable securities beyond 4 months after letters have
been granted to him provided that the court has so permitted by order.

(c) Serve process on creditors, legatees or other persons interested,
distributees, domiciled outside the city of New York by certified mail,
return receipt requested, whenever directed by the court by order in any
proceeding, the provisions of section 308 notwithstanding. Such service
shall be valid if made at least 30 days before the return day thereof.

(d) Distribute without an accounting proceeding the assets of any
estate defined as a small estate in subdivision 1 of section 1301 of
this act and upon distribution to take the costs and commissions
ordinarily allowed by the court upon the entry of a decree upon final

(e) File in the court an informatory account in a form prescribed by
rule where the gross value of the assets of the estate accounted for
does not exceed the monetary amount defined as a small estate in
subdivision 1 of section 1301 of this act and shall serve a copy of such
informatory accounting by certified mail on all interested parties at
least 30 days prior to filing with the court.

(f) Pay for the use and benefit of an infant distributee or legatee
who has no guardian of the property the share or legacy due the infant
if not exceeding $5,000 by payment thereof in the discretion of the
public administrator to a parent or to an adult competent person with
whom the infant resides.

(g) Pay or deliver to the commissioner of finance of the city of New
York the balance of any moneys or other assets in his hands remaining
after settlement of his account or the filing of an informatory account,
where payable to persons under disability or whose shares are to be
deposited pursuant to section 2218 of this act.

(h) Apply ex parte or upon such notice as directed by the court for an
order or decree in any appropriate proceeding requiring the city of New
York to return to the public administrator any money or unliquidated
assets theretofore deposited by the public administrator and remaining
in the treasury of the city of New York and upon further order of the
court to make distribution of such recovered funds to the persons
entitled thereto.

(i) Receive process or other notice as a necessary party in the
following proceedings:

(1) Any proceeding pending in the court where service of process or
notice in behalf of any known or unknown person is directed by the court
or where the court by order directs the public administrator to appear

(2) Every proceeding for the appointment of an administrator or for
the probate of a will where it does not appear that the persons applying
or named in the petition are all the distributees of the decedent or
where it appears that such persons are related to the decedent in the
fourth degree of consanguinity or are more remotely related.

(3) Every proceeding to effect distribution of moneys or property
deposited for the account of unknown persons or of infants or
incompetents, or of known persons whose shares were deposited pursuant
to section 2218. In any such proceeding the public administrator shall
be deemed a person interested.

(4) In all such proceedings the public administrator, in his
discretion, may take any action in behalf of such person or persons as a
person interested might.

(5) Whenever a public administrator acts pursuant to this subparagraph
he shall be allowed by the court his proper expenses and his counsel
shall be allowed his reasonable fee. Such expenses and fee shall be
payable either from the estate generally or from the shares or interests
of the respective persons represented by the public administrator, as
may be directed by the court.