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 1215 When authorized to receive process or appear 1

Surrogate's Court Procedure (SCP)

When authorized to receive process or appear

  1. The public administrator may be authorized by the court to receive process or other notice as a necessary party in the following proceedings:

  (a) Any proceeding pending in the court where service of process or notice of or in behalf of any known or unknown persons is directed by the court or where the court by order directs the public administrator to appear therein.

  (b) Every proceeding for the appointment of an administrator or for the probate of a will where it appears that the persons applying or named in the petition are not all of the distributees of the decedent or where it appears that such persons are related to the decedent in the fourth degree of consanguinity or are more remotely related.

  (c) Every proceeding to effect distribution of moneys or property to be deposited or deposited for the account of unknown persons or of infants or incompetents, of known persons whose residences are unknown or of known persons whose shares were deposited pursuant to 2218. In any such proceeding when so authorized the public administrator shall be deemed an interested party.

  2. In all such proceedings the public administrator, in his discretion, may take any action in behalf of such person or persons as a party interested might.

  3. Whenever a public administrator acts pursuant to this section he shall be allowed by the court his proper expenses and his counsel shall be allowed his reasonable fee. Such expenses and fee shall be payable either from the estate generally or from the shares or interests of the respective persons represented by the public administrator, as may be directed by the court.