§ 902 — Procedure for appointment of temporary administrator 1

New York § 902

• Jurisdiction: New York
• Law SCP: Surrogate's Court Procedure
• Art. 9: Temporary Administration--absentees and Internees

Text

§ 902. Procedure for appointment of temporary administrator\n 1. If a proceeding is pending for probate of a will or for letters of\nadministration, process shall issue to such persons and in such manner\nas directed by the court.\n 2. If no proceeding is pending and the alleged delay is in a\nproceeding for\n (a) letters of administration on the estate of a decedent or a person\nalleged to be deceased, process shall issue to the persons who would be\nentitled to receive process on an application for such letters;\n (b) probate of a will, process shall issue to the executor named in\nthe last will on file in the court of a decedent or a person alleged to\nbe deceased and to such beneficiaries named in such will and to such\nother persons as directed by the court.\n 3. In the case of an absentee, process shall issue to the absentee and\nto the persons who would be his or her distributees if he or she had\ndied on the date of filing the petition. Upon return of process the\ncourt after hearing shall fix and determine the date when the absentee\nwas last seen or heard of.\n 4. In the case of an internee, process shall issue to the persons who\nwould be his or her distributees if he or she had died on the date of\nfiling the petition.\n 5. In all cases under subdivisions 1, 2 and 4, the court may dispense\nwith process if it finds that the best interests of the estate so\nrequire.\n 6. After a citation has been issued by the court in a case under\nsubdivision 3 and it is established to the satisfaction of the court\nthat the best interests of the estate of an absentee require immediate\nsupervision or action by a fiduciary, the court may forthwith appoint\nthe temporary administrator to serve during the pendency of the\nproceeding or for such shorter period of time as the court directs. In\nno event shall such appointment be for a longer period than six months\nfrom the date of issuance of the citation. During the pendency of the\nproceeding, the court may at any time revoke such letters of temporary\nadministration. The temporary administrator shall not be entitled to\ncommissions under 2307 for services rendered prior to the date of the\ndecree finally appointing the temporary administrator and containing the\nfinding required by subdivision 3, but the court may award such\ncompensation for such services as shall be just, reasonable and proper,\nnot to exceed a full commission for all services rendered by such person\nas fiduciary during the entire administration of the estate.\n 7. A petition for letters of temporary administration may be presented\nby any person interested in the estate of a decedent or a person alleged\nto be deceased, any beneficiary or nominated executor under the last\nwill of a decedent or a person alleged to be deceased on file in the\ncourt, any person who would have an interest in the property of an\nabsentee or internee if he or she were dead, a public administrator,\ncounty treasurer, creditor or by a person interested in an action\nbrought or about to be brought in which the decedent, absentee or\ninternee would be a proper party.\n