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 1212 Powers before issuance of letters Before letters are issued to him and subject to the provisions of section 1128 of this act the public a...

Surrogate's Court Procedure (SCP)

Powers before issuance of letters

  Before letters are issued to him and subject to the provisions of section 1128 of this act the public administrator is authorized to

  1. Take possession of, collect and secure the personal property within his county of any person who shall die intestate or testate either within this state or elsewhere or whose property shall arrive within the county after his death whenever there is no person eligible to act as fiduciary of an intestate or of a testator if the executor named in the will refuses or neglects to act or is dead or if his whereabouts are unknown or if he is not eligible to receive letters.

  2. Take possession of, manage and collect the rents of the real property of an intestate whose distributees are unknown or whose distributees, if known, are non-domiciliaries, or of a testator, if the executor named in the will refuses or neglects to act or is dead or if his whereabouts are unknown or if he is not eligible to receive letters.

  3. Make necessary funeral arrangements for the decedent and to pay the reasonable charges therefor.

  4. Institute an inquiry as provided by 1216.

  5. Sell, as and when authorized by the court, perishable property or such other property of the decedent as the preservation of the estate requires.

  6. Defray the expenses of the foregoing activities and the expenses incidental to his application for letters.