STATE OF NEW YORK ________________________________________________________________________ 4269 2023-2024 Regular Sessions IN ASSEMBLY February 14, 2023 ___________ Introduced by M. of A. STECK -- read once and referred to the Committee on Judiciary AN ACT to amend the surrogate's court procedure act, in relation to persons who may become a voluntary administrator The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision (a) of section 1303 of the surrogate's court 2 procedure act, as amended by chapter 281 of the laws of 1995, is amended 3 to read as follows: 4 (a) If the deceased dies intestate, the right to act as a voluntary 5 administrator is hereby given [first to the surviving adult spouse, if 6 any, of the decedent and if there be none or if the spouse renounce, 7 then in order to a competent adult who is a child or] in the following 8 order to a competent adult distributee who is the surviving spouse, 9 child, grandchild, parent, brother or sister, niece or nephew or aunt or 10 uncle of the decedent, or if there be no such person who will act, then 11 to the guardian of the property of an infant, the committee of the prop- 12 erty of [any] an incompetent person or the conservator of the property 13 of a conservatee who is a distributee, the fiduciary of a deceased 14 distributee, or to a competent adult who is not a distributee upon the 15 filed consents of all competent adult distributees, and if none of the 16 foregoing named persons will act or if there are no known distributees 17 within the categories listed above, then to the chief fiscal officer of 18 the county except in those counties in which a public administrator has 19 been appointed under articles eleven and twelve of this act. [After the 20 surviving spouse, the first distributee within the class of persons 21 entitled or if no distributee will act or there are no known distribu- 22 tees within the class of persons entitled, then the chief fiscal officer 23 of the county as above who makes and files the required affidavit,] Upon 24 filing the required affidavit, the person having the right to act is 25 authorized to act as voluntary administrator, or as successor voluntary EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05481-01-3
A. 4269 2 1 administrator in the event of the death or resignation of the voluntary 2 administrator before the completion of the settlement of the estate. 3 § 2. This act shall take effect on the thirtieth day after it shall 4 have become a law.