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This entry was published on 2014-09-22
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SECTION 706
When surviving or remaining fiduciary may act; when successor must be appointed 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 7
§ 706. When surviving or remaining fiduciary may act; when successor

must be appointed

1. Where one of two or more fiduciaries dies or is removed or where
letters issued to one of them are revoked, a successor to the deceased
fiduciary or to the one who has been removed or whose letters have been
revoked shall not be appointed, except where such appointment is
necessary in order to comply with the express terms of a will or
lifetime trust instrument; but the others may proceed and complete the
administration of the estate pursuant to the letters or lifetime trust
instrument and may continue any action or special proceeding brought by
or against all.

2. When all the persons to whom letters have been issued die or where
letters issued to all of them have been revoked by a decree of the
surrogate's court, or, in the case of a lifetime trust, when all persons
serving as trustee die or are removed, without any successor trustee
having been effectively appointed pursuant to the terms of the lifetime
trust instrument, that court has, except in a case where it is otherwise
specially prescribed by law, the same power to appoint a successor to
the person or persons whose powers have ceased as if the letters had not
been issued or as if no appointment had been made. The successor may
complete the administration of the estate committed to his predecessor,
he may continue in his own name a civil action or proceeding pending in
favor of his predecessor and he may enforce a judgment, order or decree
in favor of the latter.