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 1213 General powers 1

Surrogate's Court Procedure (SCP)

General powers

  1. The 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 and subject to the provisions of section 1128 of this act he is authorized to

  (a) Sell at public auction the personal property of the decedent delivered to him by any county officer or department, but such sale shall not be had until notice of the public auction shall be published once a week for two consecutive weeks in a newspaper published in the county, the first publication to be not less than 20 days prior to the public auction.

  (b) Retain marketable securities beyond 4 months after he has commenced to act as fiduciary of the estate when authorized to do so by order of the court.

  (c) File in the court after the expiration of 7 months from the time he or she commences to act as fiduciary of the estate an informatory account in estates in which the gross value of the assets accounted for does not exceed the monetary amount defined as a small estate pursuant to subdivision 1 of section 1301 of this act and a copy of such account shall be mailed by certified mail, return receipt requested, to each of the persons entitled to receive process upon an accounting proceeding provided the names and addresses of such persons be known to him or her. Unless objection or claim be properly filed in the court within 30 days from mailing such account a final decree settling his or her account may be entered without further notice or proceedings and with the same effect as in an accounting proceeding and he or she shall be entitled to the commissions, costs and allowances allowed him or her by the court in the decree.

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

  (e) Pay to the comptroller of the state of New York the balance of any moneys or other assets in his hands remaining after settlement of his accounts, formally or informally, where payable to unknown persons or to known persons whose residences are unknown.

  (f) Apply ex parte or upon such notice as directed by the court for an order or decree in any appropriate proceeding requiring the county treasurer to return to the public administrator any money or unliquidated assets theretofore deposited by him and remaining in the treasury of the county for the account of unknown persons or of known persons whose domiciles are unknown and upon further order of the court to make distribution of such recovered funds to the persons entitled thereto.