New York § 1306 Powers 1

New York Statutes

§ 1306 — Powers 1

New York § 1306

Law SCPSurrogate's Court Procedure

Art. 13Settlement of Small Estates Without Court Administration

This text of New York § 1306 (Powers 1) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.Y. Surrogate's Court Procedure § 1306 (2026).

Text

§ 1306. Powers\n  1. If any person to whom a certificate and receipt are presented by a\nvoluntary administrator refuses to pay, deliver, transfer or issue to\nthe voluntary administrator any personal property of the decedent, the\nvoluntary administrator may maintain an action or proceeding to recover\nor compel the delivery of the property, or to enforce a contractual or\nquasi contractual claim owned by decedent, provided the amount claimed,\ntogether with all other assets of the estate to be administered under\nthis article, does not exceed the monetary amount defined as a small\nestate pursuant to subdivision one of section 1301 of this article. In\nsuch action or proceeding, a certified copy of the affidavit shall be\nprima facie proof of the facts therein stated.\n  2. A voluntary a

Free access — add to your briefcase to read the full text and ask questions with AI

§ 1306. Powers\n 1. If any person to whom a certificate and receipt are presented by a\nvoluntary administrator refuses to pay, deliver, transfer or issue to\nthe voluntary administrator any personal property of the decedent, the\nvoluntary administrator may maintain an action or proceeding to recover\nor compel the delivery of the property, or to enforce a contractual or\nquasi contractual claim owned by decedent, provided the amount claimed,\ntogether with all other assets of the estate to be administered under\nthis article, does not exceed the monetary amount defined as a small\nestate pursuant to subdivision one of section 1301 of this article. In\nsuch action or proceeding, a certified copy of the affidavit shall be\nprima facie proof of the facts therein stated.\n 2. A voluntary administrator may sell for its reasonable value in cash\nany personal property of the decedent coming into the voluntary\nadministrator's possession.\n 3. For the purpose of this article, a voluntary administrator shall be\ndeemed to be the fiduciary of the estate until another fiduciary is\nappointed, and except as hereinafter provided, the voluntary\nadministrator shall have the rights, powers and duties with respect to\npersonal property of an administrator duly appointed for the estate.\nThe voluntary administrator shall have no power to enforce a claim for\nthe wrongful death of or a claim for personal injuries to the decedent.\n Upon the appointment and qualification of another fiduciary of the\nestate, the powers of the voluntary administrator shall cease.\n