1. The Laws of New York
  2. Court Acts
  3. Surrogate's Court Procedure
  4. Article 12: Public Administrators In the Counties of Erie, Monroe, Nassau, Onondaga, Suffolk and Westchester and County Treasurers Appointed Administrators


Section 1205 Vacancy in office; delivery of money, papers and effects; discharge 1

Surrogate's Court Procedure (SCP)

Vacancy in office; delivery of money, papers and effects;

   discharge

  1. Whenever the public administrator shall resign or be removed, he shall immediately deliver over to his successor all papers, moneys and effects in his hands.

  2. In case of the death of a public administrator the persons into whose custody or possession any such papers, moneys or effects shall come, shall deliver them on demand to the successor. Upon the resignation, removal or death of any public administrator, if there be no deputy public administrator, the clerk of the surrogate's court of his county shall immediately take possession for custodial purposes only of all papers, moneys and effects which were in the hands of the public administrator. Delivery in either of the above cases may be enforced in the manner provided by law in relation to public officers. Upon the appointment of a duly qualified successor the clerk shall immediately deliver over to the successor all such papers, moneys and effects so held by him and such successor upon duly qualifying shall succeed at once to all the rights, duties and powers of his predecessor without the reissuance of formal letters to him.

  3. In any final accounting by a public administrator the court shall discharge the acting administrator and any prior public administrator who may have acted in the estate.