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This entry was published on 2014-09-22
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SECTION 2221
Payment of legacy or distributive share to foreign fiduciary 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 22
§ 2221. Payment of legacy or distributive share to foreign fiduciary

1. Where a beneficiary of an estate is entitled to money or property
within the jurisdiction of the court and such beneficiary is a
non-domiciliary infant, incompetent, conservatee or decedent, payment
or delivery thereof may be directed by the court to the fiduciary,
committee or conservator, by whatever title such foreign fiduciary may
be designated, of the property or estate of the non-domiciliary infant,
incompetent, conservatee or decedent, upon proof satisfactory to the
court that the foreign fiduciary is entitled to receive such money or
property in accordance with the terms and conditions of EPTL 13-3.4 and
that the fiduciary, committee or conservator has filed at the domicile
security sufficient to cover such payment or delivery or that no
security is required at the domicile of the beneficiary. In the case of
a deceased beneficiary there shall be submitted proof that he has no
known creditors within this state.

2. The court may direct such payment or delivery in a decree
judicially settling the account of a fiduciary or in an order entered
upon the application of the fiduciary holding such money or property for
distribution or of the foreign fiduciary, committee or conservator.