What's happening
This bill clarifies eligibility for granting letters of administration or administration with will annexed in surrogate's court proceedings.
Why it matters
Clarifies who is considered "eligible" to consent to the appointment of an administrator or a corporate fiduciary. the bill now specifies that a distributee or beneficiary is eligible only if they could themselves be issued letters of administration, either alone or with others nominated, tightening the standards from prior, less clear language.
Ensures that consents given by legal guardians or conservators are valid only if they are appointed within New York State. , which could affect out-of-state or international heirs and beneficiaries, potentially limiting who can participate in these proceedings.
May streamline and reduce disputes in surrogate’s court by explicitly stating when consents from all distributees or beneficiaries are needed. , and under what conditions someone not entitled by default (like a trust company or non-distributee) can be appointed, reducing ambiguity for families and fiduciaries.
Removes specific reference to non-domiciliary aliens but maintains eligibility requirements for all distributees and beneficiaries. , which could affect non-U.S. resident heirs by making their consent count only if they meet the new eligibility test, possibly impacting cross-border inheritance cases.
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Who cares
Headline styles
Clarify Inheritance Administration Rules
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Signed chap.319
- Delivered to governor
- Returned to assembly
- Passed senateVote 61–0
- 3rd reading cal.432
- Substituted for S4155
- Referred to judiciary
- Delivered to senate
- Passed assembly
- Advanced to third reading cal.17
- Reported
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Clarify Estate Administration Rules
Senate Floor Calendar · Sponsor Brad Hoylman-Sigal
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
795
2019-2020 Regular Sessions
IN ASSEMBLY
January 11, 2019
Introduced by M. of A. ABINANTI -- read once and referred to the Committee on Judiciary
AN ACT to amend the surrogate's court procedure act, in relation to the granting of letters of administration and letters of administration with will annexed
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivisions 6 and 7 of section 1001 of the surrogate's court procedure act, subdivision 6 as amended by chapter 514 of the laws of 1993 and subdivision 7 as amended by chapter 115 of the laws of 1981, are amended to read as follows:
6. Letters of administration may be granted to an eligible distributee or to an eligible person who is not a distributee upon the acknowledged and filed consents of all eligible distributees, or if there are no eligible distributees, then on the consents of all distributees, except that the guardian of the property of an infant distributee, the committee of the property of an incompetent distributee or the conservator of property of a conservatee appointed within the State of New York may so consent on behalf of his ward. For purposes of this subdivision, a distributee is eligible if letters of administration could be issued to him or her alone or acting together with the person or persons so nominated.
7. Letters of administration may be granted to a trust company or other corporation authorized to act as fiduciary upon the acknowledged and filed consents of all eligible distributees [inclusive of those who may be non-domiciliary aliens, provided that all such persons are otherwise eligible], or if there are no eligible distributees, then on consents of all distributees, except that the guardian of the property of an infant distributee, the committee of the property of an incompetent distributee or the conservator of property of a conservatee appointed within the state of New York may so consent on behalf of his
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05253-01-9
A. 795 2
ward. For purposes of this subdivision, a distributee is eligible if letters of administration could be issued to him or her alone or acting together with the trust company or other corporation so nominated.
§ 2. Subdivisions 6 and 7 of section 1418 of the surrogate's court procedure act, subdivision 6 as amended by chapter 115 of the laws of 1981 and subdivision 7 as amended by chapter 536 of the laws of 1985, are amended to read as follows:
6. Administration may be granted to an eligible person or persons not entitled as beneficiaries upon the acknowledged and filed consent of all of the eligible beneficiaries, [provided all the beneficiaries are themselves eligible. The] or if there are no eligible beneficiaries, then on the consent of all of the beneficiaries, except that the guardian of the property of an infant beneficiary, the committee of the property of an incompetent beneficiary or the conservator of the property of a conservatee beneficiary appointed within the state of New York, may so consent on behalf of his or her ward. For purposes of this subdivision, a beneficiary is eligible if letters of administration with will annexed could be issued to him or her alone or acting together with the person or persons or so nominated.
7. Administration may be granted to a trust company or other corporation authorized to act as fiduciary upon the acknowledged and filed consents of all the eligible beneficiaries [inclusive of those who may be non-domiciliary aliens, provided that all such beneficiaries are otherwise eligible. The], or if there are no eligible beneficiaries, then on the consent of all beneficiaries, except that the guardian of the property of an infant beneficiary, the committee of the property of an incompetent beneficiary, or the conservator of the property of a conservatee beneficiary appointed within the state of New York, may so consent on behalf of his or her ward. For purposes of this subdivision, a beneficiary is eligible if letters of administration with will annexed could be issued to him or her alone or acting together with the trust company or other corporation so nominated.
§ 3. This act shall take effect immediately and shall apply to all proceedings occurring on or after such effective date.
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