§ 1207. Salary; commissions; retention of commissions

1. Except as herein provided the public administrator shall receive
an annual salary to be fixed by the board of supervisors of his county
for the administration of all estates.

2. The public administrator of the counties of Erie and Onondaga
shall be entitled to retain from all moneys or property which come into
his hands, after deducting all reasonable and necessary expenses, the
same commissions as are now allowed by law to a fiduciary other than a
trustee. If he be a licensed attorney-at-law he shall receive as his
compensation, in addition to his commissions, the legal fees as attorney
for the estate as may be allowed by the court together with his
reasonable and necessary expenses and disbursements which shall be a
charge against the estate in each instance.

3. The public administrator of the county of Monroe, if he be a duly
licensed attorney-at-law shall receive no salary and may act as his own
counsel and shall receive as his compensation such legal fees as the
attorney of the estate as may be allowed by the court together with his
reasonable and necessary expenses and disbursements which shall be a
charge against the estate in each instance. If he shall not be an
attorney-at-law he shall be compensated as is provided for in
subdivision 1.

4. On the settlement of the account of the public administrator in
each instance, except as provided in subdivisions 2 and 3 the court may
allow his reasonable and necessary expenses and disbursements and in
addition, in the counties of Erie, Monroe, Nassau, Onondaga, Suffolk and
Westchester, a reasonable amount for the expenses of his office, to be
fixed by the court. In addition thereto he shall be entitled to receive
commissions on all moneys or property of any decedent or the proceeds of
a cause of action for wrongful death which may come into his hands as
provided for a fiduciary other than a trustee.

5. Except as hereinabove provided the public administrator shall not
receive to his own use any remuneration in addition to his salary for
his services and he shall pay to the treasurer of his county all
commissions and costs received by him. Such payments shall be made
monthly and shall be accompanied by a sworn statement in such form as
the comptroller of his county shall prescribe showing in detail the
commissions and costs received and allowed to him.