§ 1123 — General powers of public administrator

§ 1123. General powers of public administrator.\n 1. Every public administrator shall have all the powers specifically\ngranted herein and also the powers given by law to a fiduciary of a\ndecedent's estate.\n 2. In addition to the foregoing grant of powers and without limitation\nthereon each public administrator is authorized to:\n (a) Sell personal property of the decedent at public auction pursuant\nto notice appearing for 3 successive days prior to the sale in a\nnewspaper published in the county pursuant to the provisions of section\n1128 of this article.\n (b) Retain marketable securities beyond 4 months after letters have\nbeen granted to him provided that the court has so permitted by order.\n (c) Serve process on creditors, legatees or other persons interested,\ndistributees, domiciled outside the city of New York by certified mail,\nreturn receipt requested, whenever directed by the court by order in any\nproceeding, the provisions of section 308 notwithstanding. Such service\nshall be valid if made at least 30 days before the return day thereof.\n (d) Distribute without an accounting proceeding the assets of any\nestate defined as a small estate in subdivision 1 of section 1301 of\nthis act and upon distribution to take the costs and commissions\nordinarily allowed by the court upon the entry of a decree upon final\naccounting.\n (e) File in the court an informatory account in a form prescribed by\nrule where the gross value of the assets of the estate accounted for\ndoes not exceed the monetary amount defined as a small estate in\nsubdivision 1 of section 1301 of this act and shall serve a copy of such\ninformatory accounting by certified mail on all interested parties at\nleast 30 days prior to filing with the court.\n (f) Pay for the use and benefit of an infant distributee or legatee\nwho has no guardian of the property the share or legacy due the infant\nif not exceeding $5,000 by payment thereof in the discretion of the\npublic administrator to a parent or to an adult competent person with\nwhom the infant resides.\n (g) Pay or deliver to the commissioner of finance of the city of New\nYork the balance of any moneys or other assets in his hands remaining\nafter settlement of his account or the filing of an informatory account,\nwhere payable to persons under disability or whose shares are to be\ndeposited pursuant to section 2218 of this act.\n (h) Apply ex parte or upon such notice as directed by the court for an\norder or decree in any appropriate proceeding requiring the city of New\nYork to return to the public administrator any money or unliquidated\nassets theretofore deposited by the public administrator and remaining\nin the treasury of the city of New York and upon further order of the\ncourt to make distribution of such recovered funds to the persons\nentitled thereto.\n (i) Receive process or other notice as a necessary party in the\nfollowing proceedings:\n (1) Any proceeding pending in the court where service of process or\nnotice in behalf of any known or unknown person is directed by the court\nor where the court by order directs the public administrator to appear\ntherein.\n (2) Every proceeding for the appointment of an administrator or for\nthe probate of a will where it does not appear that the persons applying\nor named in the petition are all the distributees of the decedent or\nwhere it appears that such persons are related to the decedent in the\nfourth degree of consanguinity or are more remotely related.\n (3) Every proceeding to effect distribution of moneys or property\ndeposited for the account of unknown persons or of infants or\nincompetents, or of known persons whose shares were deposited pursuant\nto section 2218. In any such proceeding the public administrator shall\nbe deemed a person interested.\n (4) In all such proceedings the public administrator, in his\ndiscretion, may take any action in behalf of such person or persons as a\nperson interested might.\n (5) Whenever a public administrator acts pursuant to this subparagraph\nhe shall be allowed by the court his proper expenses and his counsel\nshall be allowed his reasonable fee. Such expenses and fee shall be\npayable either from the estate generally or from the shares or interests\nof the respective persons represented by the public administrator, as\nmay be directed by the court.\n