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This entry was published on 2014-09-22
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Summary procedure 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 13
§ 1304. Summary procedure

1. When available. No waiting period after the death of the decedent
is required.

The procedure prescribed in this article may be used after the
decedent's death.

2. Bond. The voluntary administrator need not give a bond.

3. Affidavit. A person may qualify as a voluntary administrator by
making and filing with the clerk of the court of the decedent's
domicile, or in the case of a non-domiciliary, of the county in which
his personal property is located, an affidavit in the form provided by
the Official Forms appended to this act, and also a certified copy of
the death certificate of the decedent.

4. Record. The clerk shall file the affidavit and assign it a number.
The clerk shall enter each such proceeding in the records and indexes of
the court. The clerk shall charge a fee of $1 for filing the affidavit.
No order of the court or other proceeding shall be necessary. The clerk
shall mail to each distributee who has not renounced his or her right to
act and to each beneficiary mentioned in the affidavit other than the
affiant, a letter or postcard notice of the proceeding under this
article. The giving of such notice is not jurisdictional.

5. Furnishing evidence of qualification and authority. A short
certificate of the court showing the filing by the voluntary
administrator of the required affidavit, shall evidence his, her or its
qualification and authority to act. The clerk may indicate on the
certificate that it is valid only for a transfer or transaction as
specified thereon. The voluntary administrator shall deliver a
certificate to each debtor, transfer agent, safe deposit company, bank,
trust company or other person holding or having custody, possession or
control of any personal property of the decedent which the voluntary
administrator seeks to reduce to possession or otherwise affect the
title thereof.