Bill Text: NY S06653 | 2011-2012 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to the settlement of informatory accounts by public administrators.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2012-05-16 - SUBSTITUTED BY A9508A [S06653 Detail]

Download: New_York-2011-S06653-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        6653--A
           Cal. No. 626
                                   I N  S E N A T E
                                     March 8, 2012
                                      ___________
       Introduced  by  Sens.  BONACIC,  HASSELL-THOMPSON  -- (at request of the
         Office of Court Administration) -- read twice and ordered printed, and
         when printed to be committed to the Committee on Judiciary -- reported
         favorably from said committee, ordered to  first  report,  amended  on
         first  report,  ordered  to  a  second  report, and to be reprinted as
         amended, retaining its place in the order of second report
       AN ACT to amend the surrogate's court procedure act, in relation to  the
         settlement of informatory accounts by public administrators
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraph (e) of subdivision  2  of  section  1123  of  the
    2  surrogate's  court  procedure act, as amended by chapter 655 of the laws
    3  of 1993, is amended to read as follows:
    4    (e) File in the court an informatory account in a form  prescribed  by
    5  rule where the gross value of the assets of the estate accounted for [is
    6  more  than  $500  and  less  than  that as] DOES NOT EXCEED THE MONETARY
    7  AMOUNT defined as a small estate in subdivision 1  of  section  1301  of
    8  this act and shall serve a copy of such informatory accounting by certi-
    9  fied  mail  on  all  interested parties at least 30 days prior to filing
   10  with the court.
   11    S 2. Paragraph (c) of subdivision 2 of section 1213 of the surrogate's
   12  court procedure act, as amended by chapter 655 of the laws of  1993,  is
   13  amended to read as follows:
   14    (c)  File  in the court after the expiration of 7 months from the time
   15  he OR SHE commences to act as fiduciary of  the  estate  an  informatory
   16  account  in estates in which the gross value of the assets accounted for
   17  [is less than $5,000] DOES NOT EXCEED THE MONETARY AMOUNT DEFINED  AS  A
   18  SMALL ESTATE PURSUANT TO SUBDIVISION 1 OF SECTION 1301 OF THIS ACT and a
   19  copy  of  such account shall be mailed by certified mail, return receipt
   20  requested, to each of the persons entitled to receive  process  upon  an
   21  accounting  proceeding  provided the names and addresses of such persons
   22  be known to him OR HER.  Unless objection or claim be properly filed  in
   23  the court within 30 days from mailing such account a final decree settl-
   24  ing  his  OR  HER  account  may  be  entered  without  further notice or
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14236-02-2
       S. 6653--A                          2
    1  proceedings and with the same effect as in an accounting proceeding  and
    2  he  OR  SHE  shall  be entitled to the commissions, costs and allowances
    3  allowed him OR HER by the court in the decree.
    4    S  3.  This act shall take effect immediately; provided, however, that
    5  it shall apply only to the estates of decedents who shall have  died  on
    6  or after such effective date.