Relates to the settlement of informatory accounts by public administrators

1 Co-sponsor

• Ruth Hassell-Thompson

BILL NUMBER:S6653A

Title of bill

An act to amend the surrogate's court procedure act, in relation to the settlement of informatory accounts by public administrators

This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of her Surrogate's Court Advisory Committee.

This measure would amend SCPA §§1123(2)(e) and 1213(2)(c) in relation to the settlement of small estates by the Public Administrators within and without the city of New York.

SCPA §§1123(2)(e) and 1213(2)(c) index the value of an estate as to which the Public Administrator may act without the issuance of letters to the monetary amount defined as a small estate pursuant to SCPA §1301(1). Accordingly, the authority of public administrators to administer small estates in an efficient and cost effective manner will increase correspondingly as the monetary definition of a small estate may change over time. Despite the cohesiveness of these statutes, a dichotomy exists regarding the settlement of small estates between the public administrators within and without New York City. SCPA § 1123(2)(e), as amended in 1993, permits public administrators within the City to file an informatory account where the gross value of the estate accounted for is "less than" that as defined as a small estate in SCPA § 1301 (1). SCPA § 1213(2)(c), however, limits the filing of informatory accounts by public administrator's outside the City to estates where the gross value of assets accounted for is less than $5,000. As a result, these modest estates are burdened with the disproportionate cost of a judicial accounting which often includes the cost of publication and the associated fee of a guardian ad litem. This measure would provide the public administrators of these estates with the same efficient and cost effective means of settling their accounts as is afforded to all other voluntary administrators. Moreover, it is appropriate that the monetary definition of a small estate be the upper limit by which these statutes shall apply.

This measure amends both SCPA §1123(2)(e) and §1213(2)(c) to permit the settlement of small estates by filing informatory accounts where the gross value of the assets accounted for does not exceed the monetary amount defined as a small estate pursuant to SCPA §1301(1). This amendment does not abridge the procedure for administering estates of $500 or less.

This measure would have no fiscal impact on the State. It would take effect immediately; provided, however, that it shall apply only to the estates of decedents who shall have died on or after such effective date.

Legislative history

None. New proposal.