1. The Laws of New York
  2. Court Acts
  3. Surrogate's Court Procedure
  4. Article 16: Foreign Estates


Section 1610 General powers and duties of ancillary fiduciary 1

Surrogate's Court Procedure (SCP)

General powers and duties of ancillary fiduciary

  1. The provisions of law governing the rights, powers, duties and liabilities of a fiduciary apply to a person to whom ancillary letters are granted under this article except where a special provision is otherwise made or where a contrary intent is expressed in or plainly to be inferred from the context.

  2. The court or any court of this state having jurisdiction may direct a person to whom ancillary letters have been issued to pay from the assets received by him in this state the debts of the decedent due to creditors who reside in this state. If the amount of all the decedent's debts here and elsewhere exceeds the amount of all the decedent's property applicable thereto the court may direct the ancillary fiduciary to pay such sum to each resident creditor as equals that creditor's share of all distributable assets.

  3. The court or any court of the state having jurisdiction may direct the ancillary fiduciary to distribute the remaining assets after the payment of creditors and expenses to those entitled thereto or to otherwise dispose of the assets as justice requires.

  4. Unless a court shall direct the ancillary fiduciary to distribute the assets as provided in the preceding subdivisions he is required to transmit the remaining assets to the state or country where domiciliary letters were granted to be disposed of pursuant to the law thereof.