Bill Text: NY S04342 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to persons who may become a voluntary administrator; includes fiduciaries of a deceased distributee, or a competent adult who is not a distributee upon the filed consent of all competent distributees as persons who can become a voluntary administrator prior to the chief fiscal officer of the county becoming such.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-03-20 - referred to judiciary [S04342 Detail]

Download: New_York-2023-S04342-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4342

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 7, 2023
                                       ___________

        Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Judiciary

        AN  ACT  to  amend  the  surrogate's court procedure act, in relation to
          persons who may become a voluntary administrator

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision  (a) of section 1303 of the surrogate's court
     2  procedure act, as amended by chapter 281 of the laws of 1995, is amended
     3  to read as follows:
     4    (a) If the deceased dies intestate, the right to act  as  a  voluntary
     5  administrator  is  hereby given [first to the surviving adult spouse, if
     6  any, of the decedent and if there be none or  if  the  spouse  renounce,
     7  then  in  order to a competent adult who is a child or] in the following
     8  order to a competent adult distributee  who  is  the  surviving  spouse,
     9  child, grandchild, parent, brother or sister, niece or nephew or aunt or
    10  uncle  of the decedent, or if there be no such person who will act, then
    11  to the guardian of the property of an infant, the committee of the prop-
    12  erty of [any] an incompetent person or the conservator of  the  property
    13  of  a  conservatee  who  is  a  distributee, the fiduciary of a deceased
    14  distributee, or to a competent adult who is not a distributee  upon  the
    15  filed  consents  of all competent adult distributees, and if none of the
    16  foregoing named persons will act or if there are no  known  distributees
    17  within  the categories listed above, then to the chief fiscal officer of
    18  the county except in those counties in which a public administrator  has
    19  been  appointed under articles eleven and twelve of this act. [After the
    20  surviving spouse, the first distributee  within  the  class  of  persons
    21  entitled  or  if no distributee will act or there are no known distribu-
    22  tees within the class of persons entitled, then the chief fiscal officer
    23  of the county as above who makes and files the required affidavit,] Upon
    24  filing the required affidavit, the person having the  right  to  act  is
    25  authorized  to act as voluntary administrator, or as successor voluntary

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05481-01-3
        S. 4342                             2

     1  administrator in the event of the death or resignation of the  voluntary
     2  administrator before the completion of the settlement of the estate.
     3    §  2.  This  act shall take effect on the thirtieth day after it shall
     4  have become a law.