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 1311 Administration of funds payable under social security act of the United States, the unemployment insurance law and the workmen's compensa...

Surrogate's Court Procedure Act (SCP)

Administration of funds payable under social security act of the

   United States, the unemployment insurance law and the

   workmen's compensation law.

  1. In virtue of his office and without issuance of letters each public administrator, and in counties having no public administrator, each county treasurer is authorized to receive from the social security board of the United States or the unemployment insurance fund of the state or from any person making payment under the workmen's compensation law, for application according to law in the payment of administration expenses, funeral expenses and for distribution to the distributees of the deceased any moneys not exceeding $500 payable pursuant to title II of the social security act of the United States or pursuant to the unemployment insurance law, or pursuant to the workmen's compensation law, as the case may be, to the estate of any person dying intestate a resident of his county.

  2. The moneys so received by the public administrator or county treasurer shall be applicable to the payment of the expenses of administration, to the payment of reasonable funeral expenses not otherwise provided for and any balance may be distributed without prior accounting decree to the persons entitled thereto as distributees of the decedent.

  3. In the case of an infant or incompetent his share, if not exceeding $1,000, may be paid for the use and benefit of the infant to a parent or to some competent person with whom the infant or incompetent resides or who has an interest in his welfare.

  4. If the sum payable to a patient in an institution in the state department of mental hygiene is not in excess of the amount which the director of the institution is authorized to receive pursuant to section 29.23 of the mental hygiene law, it may be paid to such director for use as provided in that section.