Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
General provisions 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 13
§ 1309. General provisions

1. The use of this article in the settlement of a small estate without
the formality of court administration is permissive and not mandatory.

2. As a matter of comity a debtor, transfer agent, safe deposit
company, bank, trust company or person in this state holding personal
property of a non-domiciliary decedent, may recognize a certified copy
of an affidavit or of a short certificate of a judge or clerk of a
probate court made under a statute of another state, providing for the
settlement of small estates without administration, for the purpose of
collecting or obtaining possession of an asset of a decedent in his
state, provided that debtors, transfer agents, safe deposit companies,
banks, trust companies or persons in such other state holding personal
property of a domiciliary decedent shall, whether pursuant to statute or
otherwise, recognize and pay or transfer his personal property pursuant
to a short certificate of the court made under this article.

3. A debtor, transfer agent, safe deposit company, bank, trust company
or person of another state, shall not be liable to any person in respect
of any payment, transfer or delivery of personal property made to a
voluntary administrator pursuant to such short certificate.

4. As used in this section, the word "state" means any state of the
United States, the District of Columbia, the Commonwealth of Puerto
Rico, and the territories and possessions of the United States.