§ 1205 — Vacancy in office; delivery of money, papers and effects; discharge 1

New York § 1205

• Jurisdiction: New York
• Law SCP: Surrogate's Court Procedure
• Art. 12: Public Administrators In the Counties of Erie, Monroe, Nassau, Onondaga, Suffolk and Westchester and County Treasurers Appointed Administrators

Text

§ 1205. Vacancy in office; delivery of money, papers and effects;\n discharge\n 1. Whenever the public administrator shall resign or be removed, he\nshall immediately deliver over to his successor all papers, moneys and\neffects in his hands.\n 2. In case of the death of a public administrator the persons into\nwhose custody or possession any such papers, moneys or effects shall\ncome, shall deliver them on demand to the successor. Upon the\nresignation, removal or death of any public administrator, if there be\nno deputy public administrator, the clerk of the surrogate's court of\nhis county shall immediately take possession for custodial purposes only\nof all papers, moneys and effects which were in the hands of the public\nadministrator. Delivery in either of the above cases may be enforced in\nthe manner provided by law in relation to public officers. Upon the\nappointment of a duly qualified successor the clerk shall immediately\ndeliver over to the successor all such papers, moneys and effects so\nheld by him and such successor upon duly qualifying shall succeed at\nonce to all the rights, duties and powers of his predecessor without the\nreissuance of formal letters to him.\n 3. In any final accounting by a public administrator the court shall\ndischarge the acting administrator and any prior public administrator\nwho may have acted in the estate.\n