§ 706 — When surviving or remaining fiduciary may act; when successor must be appointed 1

New York § 706

• Jurisdiction: New York
• Law SCP: Surrogate's Court Procedure
• Art. 7: General Provisions Relating to Letters

Text

§ 706. When surviving or remaining fiduciary may act; when successor\n must be appointed\n 1. Where one of two or more fiduciaries dies or is removed or where\nletters issued to one of them are revoked, a successor to the deceased\nfiduciary or to the one who has been removed or whose letters have been\nrevoked shall not be appointed, except where such appointment is\nnecessary in order to comply with the express terms of a will or\nlifetime trust instrument; but the others may proceed and complete the\nadministration of the estate pursuant to the letters or lifetime trust\ninstrument and may continue any action or special proceeding brought by\nor against all.\n 2. When all the persons to whom letters have been issued die or where\nletters issued to all of them have been revoked by a decree of the\nsurrogate's court, or, in the case of a lifetime trust, when all persons\nserving as trustee die or are removed, without any successor trustee\nhaving been effectively appointed pursuant to the terms of the lifetime\ntrust instrument, that court has, except in a case where it is otherwise\nspecially prescribed by law, the same power to appoint a successor to\nthe person or persons whose powers have ceased as if the letters had not\nbeen issued or as if no appointment had been made. The successor may\ncomplete the administration of the estate committed to his predecessor,\nhe may continue in his own name a civil action or proceeding pending in\nfavor of his predecessor and he may enforce a judgment, order or decree\nin favor of the latter.\n