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 1211 Letters not required; notice to be filed 1

Surrogate's Court Procedure (SCP)

Letters not required; notice to be filed

  1. Without the issuance of letters the public administrator in virtue of his office shall have all powers of a fiduciary of a decedent's estate whenever the gross assets of an estate do not exceed in value the monetary amount defined as a small estate pursuant to section 1301 of this act.

  2. Upon commencing to act pursuant to this section the public administrator shall file with the court a statement showing the name and domicile of the decedent, the date and place of death and the names, addresses and relationship of any known distributees. The filing of such notice shall have the same effect as the issuance of formal letters.

  3. In the event the aggregate sum of the assets of an estate in which the public administrator commences to act pursuant to subdivision 1 shall exceed the monetary amount defined as a small estate pursuant to section 1301 of this act the public administrator shall forthwith apply for letters and file separate bond in the estate.

  4. In the event the public administrator acting in any estate pursuant to subdivision 1 shall ascertain the names and whereabouts of persons believed to be distributees in the estate, then and in that event he shall forthwith file a supplemental statement pursuant to subdivision 2.