New York § 1309 General provisions 1

New York Statutes

§ 1309 — General provisions 1

New York § 1309

Law SCPSurrogate's Court Procedure

Art. 13Settlement of Small Estates Without Court Administration

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Bluebook

N.Y. Surrogate's Court Procedure § 1309 (2026).

Text

§ 1309. General provisions\n  1. The use of this article in the settlement of a small estate without\nthe formality of court administration is permissive and not mandatory.\n  2. As a matter of comity a debtor, transfer agent, safe deposit\ncompany, bank, trust company or person in this state holding personal\nproperty of a non-domiciliary decedent, may recognize a certified copy\nof an affidavit or of a short certificate of a judge or clerk of a\nprobate court made under a statute of another state, providing for the\nsettlement of small estates without administration, for the purpose of\ncollecting or obtaining possession of an asset of a decedent in his\nstate, provided that debtors, transfer agents, safe deposit companies,\nbanks, trust companies or persons in such other state holding p

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§ 1309. General provisions\n 1. The use of this article in the settlement of a small estate without\nthe formality of court administration is permissive and not mandatory.\n 2. As a matter of comity a debtor, transfer agent, safe deposit\ncompany, bank, trust company or person in this state holding personal\nproperty of a non-domiciliary decedent, may recognize a certified copy\nof an affidavit or of a short certificate of a judge or clerk of a\nprobate court made under a statute of another state, providing for the\nsettlement of small estates without administration, for the purpose of\ncollecting or obtaining possession of an asset of a decedent in his\nstate, provided that debtors, transfer agents, safe deposit companies,\nbanks, trust companies or persons in such other state holding personal\nproperty of a domiciliary decedent shall, whether pursuant to statute or\notherwise, recognize and pay or transfer his personal property pursuant\nto a short certificate of the court made under this article.\n 3. A debtor, transfer agent, safe deposit company, bank, trust company\nor person of another state, shall not be liable to any person in respect\nof any payment, transfer or delivery of personal property made to a\nvoluntary administrator pursuant to such short certificate.\n 4. As used in this section, the word "state" means any state of the\nUnited States, the District of Columbia, the Commonwealth of Puerto\nRico, and the territories and possessions of the United States.\n