§ 1610 — General powers and duties of ancillary fiduciary 1

New York § 1610

• Jurisdiction: New York
• Law SCP: Surrogate's Court Procedure
• Art. 16: Foreign Estates

Text

§ 1610. General powers and duties of ancillary fiduciary\n 1. The provisions of law governing the rights, powers, duties and\nliabilities of a fiduciary apply to a person to whom ancillary letters\nare granted under this article except where a special provision is\notherwise made or where a contrary intent is expressed in or plainly to\nbe inferred from the context.\n 2. The court or any court of this state having jurisdiction may\ndirect a person to whom ancillary letters have been issued to pay from\nthe assets received by him in this state the debts of the decedent due\nto creditors who reside in this state. If the amount of all the\ndecedent's debts here and elsewhere exceeds the amount of all the\ndecedent's property applicable thereto the court may direct the\nancillary fiduciary to pay such sum to each resident creditor as equals\nthat creditor's share of all distributable assets.\n 3. The court or any court of the state having jurisdiction may direct\nthe ancillary fiduciary to distribute the remaining assets after the\npayment of creditors and expenses to those entitled thereto or to\notherwise dispose of the assets as justice requires.\n 4. Unless a court shall direct the ancillary fiduciary to distribute\nthe assets as provided in the preceding subdivisions he is required to\ntransmit the remaining assets to the state or country where domiciliary\nletters were granted to be disposed of pursuant to the law thereof.\n