1. The Laws of New York
  2. Court Acts
  3. Surrogate's Court Procedure
  4. Article 13: Settlement of Small Estates Without Court Administration


Section 1308 Liability of voluntary administrator collecting assets 1

Surrogate's Court Procedure (SCP)

Liability of voluntary administrator collecting assets

  1. A voluntary administrator shall be answerable and accountable to all persons including creditors and distributees of the decedent, beneficiaries named in the will filed with the affidavit and to any fiduciary thereafter appointed, aggrieved by his administration of the decedent's estate under this article, in the same manner as now provided by this act concerning a fiduciary.

  2. A voluntary administrator or other person who wilfully and knowingly makes a false affidavit in order to obtain personal property of the decedent as provided in this article, is subject to prosecution for perjury and upon conviction shall be punishable as provided by law in relation to such crime.