§ 1213 — General powers 1

New York § 1213

• 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

§ 1213. General powers\n 1. The 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 and subject to the provisions of section 1128 of this act he is\nauthorized to\n (a) Sell at public auction the personal property of the decedent\ndelivered to him by any county officer or department, but such sale\nshall not be had until notice of the public auction shall be published\nonce a week for two consecutive weeks in a newspaper published in the\ncounty, the first publication to be not less than 20 days prior to the\npublic auction.\n (b) Retain marketable securities beyond 4 months after he has\ncommenced to act as fiduciary of the estate when authorized to do so by\norder of the court.\n (c) File in the court after the expiration of 7 months from the time\nhe or she commences to act as fiduciary of the estate an informatory\naccount in estates in which the gross value of the assets accounted for\ndoes not exceed the monetary amount defined as a small estate pursuant\nto subdivision 1 of section 1301 of this act and a copy of such account\nshall be mailed by certified mail, return receipt requested, to each of\nthe persons entitled to receive process upon an accounting proceeding\nprovided the names and addresses of such persons be known to him or her.\nUnless objection or claim be properly filed in the court within 30 days\nfrom mailing such account a final decree settling his or her account may\nbe entered without further notice or proceedings and with the same\neffect as in an accounting proceeding and he or she shall be entitled to\nthe commissions, costs and allowances allowed him or her by the court in\nthe decree.\n (d) Pay for the use and benefit of an infant distributee or legatee\nwho has no guardian the share or legacy due him if not exceeding $5,000\nby payment thereof in his discretion to a parent or to an adult,\ncompetent person with whom the infant resides.\n (e) Pay to the comptroller of the state of New York the balance of any\nmoneys or other assets in his hands remaining after settlement of his\naccounts, formally or informally, where payable to unknown persons or to\nknown persons whose residences are unknown.\n (f) Apply ex parte or upon such notice as directed by the court for an\norder or decree in any appropriate proceeding requiring the county\ntreasurer to return to the public administrator any money or\nunliquidated assets theretofore deposited by him and remaining in the\ntreasury of the county for the account of unknown persons or of known\npersons whose domiciles are unknown and upon further order of the court\nto make distribution of such recovered funds to the persons entitled\nthereto.\n