N.Y. Surrogate's Court Procedure Act § 103: Definitions When used in this act, unless otherwise required by the context, or unless a contrary intent is expressly declared in the pro...

§ 103. Definitions

When used in this act, unless otherwise required by the context, or

unless a contrary intent is expressly declared in the provision to be

construed, the words, phrases or clauses hereafter shall be construed as

follows:

1. Acknowledged. Acknowledged or proved in the same manner as a deed

is required to be acknowledged or proved and authenticated to be

recorded in that county, except that when executed within the state, no

certificate of the county clerk shall be required.

2. Administrator. Any person to whom letters of administration have

been issued.

3. Administrator c. t. a. Any person to whom letters of administration

with the will annexed have been issued.

4. Administrator d. b. n. Any person to whom letters of administration

have been issued as a successor to an administrator.

5. Ancillary administrator. Any person to whom ancillary letters of

administration have been issued.

6. Ancillary executor or administrator c. t. a. Any person to whom

ancillary letters testamentary or ancillary letters of administration c.

t. a. have been issued.

7. Ancillary guardian. Any person to whom ancillary letters of

guardianship, whether of the person, property, or both, of an infant

have been issued.

8. Beneficiary. Any person entitled to any part or all of an estate.

9. Bequest or legacy. A transfer of personal property by will.

9-a. Corporate trustee. Any trust company, any bank authorized to

exercise fiduciary powers and any national bank having a principal,

branch or trust office in this state and duly authorized to exercise

fiduciary powers.

10. Court. The surrogate's court, including any judge or surrogate

assigned, elected or appointed to serve as judge of the court.

11. Creditor. Any person having a claim against a decedent or an

estate.

12. Devise. When used as a noun, a transfer of real property by will.

When used as a verb, to transfer real property by will.

13. Devisee. Any person to whom real property is transferred by will.

14. Distributee. Any person entitled to take or share in the property

of a decedent under the statutes governing descent and distribution.

15. Domicile. A fixed, permanent and principal home to which a person

wherever temporarily located always intends to return.

16. Domiciliary. A person whose domicile is within the state of New

York.

17. Donee of a power during minority. Any person granted or deemed to

have the power during minority to manage property vested in an infant.

18. Eligible to receive letters. Not disqualified on any of the

grounds described in 707.

19. Estate. All of the property of a decedent, trust, absentee,

internee or person for whom a guardian has been appointed as originally

constituted, and as it from time to time exists during administration.

20. Executor. Any person to whom letters testamentary have been

issued.

21. Fiduciary. An administrator, administrator c.t.a., administrator

d.b.n., ancillary administrator, ancillary administrator c.t.a.,

ancillary executor, ancillary guardian, executor, guardian, preliminary

executor, temporary administrator, testamentary trustee, to any of whom

letters have been issued, and also the donee of a power during minority

and a voluntary administrator and a public administrator acting as

administrator or a public administrator or county treasurer to whom

letters have been issued, and a lifetime trustee.

22. Funeral expense. Includes reasonable expense of a funeral,

suitable church or other services as an integral part thereof, expense

of interment or other disposition of the body, a burial lot and suitable

monumental work thereon and a reasonable expenditure for perpetual care

of a burial lot of the decedent. For the purpose of subdivision one of

section eighteen hundred eleven of this act, funeral expense shall also

include burial expenses awarded pursuant to article twenty-two of the

executive law.

23. Grantor. The creator of a lifetime trust.

24. Guardian. Any person to whom letters of guardianship have been

issued by a court of this state, pursuant to this act, the family court

act or article 81 of the mental hygiene law.

25. Incapacitated person. Any person who for any cause is incapable

adequately to protect his or her rights, including a person for whom a

guardian has been appointed pursuant to article 81 of the mental hygiene

law.

26. Incompetent. Any person judicially declared incompetent to manage

his affairs.

26-a. Individual trustee. Any trustee who is not a corporate trustee.

27. Infant. Any person under the age of eighteen years; provided,

however, that for purposes of appointment of a guardian of an infant,

the term infant also shall include a person who is under the age of

twenty-one years who consents to the appointment of a guardian after the

age of eighteen. It is further provided that such definition shall not

be applicable to any provision relating to the New York Uniform

Transfers to Minors Act, nor to section 1716 of this act.

28. Intestate. A person who dies without leaving a valid will. Where

it is used with respect to particular property, a person who dies

without effectively disposing of that property by will. When used as an

adjective, to property not effectively disposed of by will.

29. Judicial settlement. A proceeding whereby the account of a

fiduciary is settled and adjudicated by decree of the court.

30. Legal life tenant. Any person entitled for his life or for the

life of another to the possession and use of real or personal property.

31. Lifetime trust. An express trust, including all amendments

thereto, created during the grantor's lifetime other than a trust for

the benefit of creditors, a resulting or constructive trust, a business

trust where certificates of beneficial interest are issued to the

beneficiary, an investment trust, voting trust, a security instrument

such as a deed of trust and a mortgage, a trust created by the judgment

or decree of a court, a liquidation or reorganization trust, a trust for

the sole purpose of paying dividends, interest, interest coupons,

salaries, wages, pensions or profits, instruments wherein persons are

mere nominees for others, or a trust created in deposits in any banking

institution or savings and loan institution.

32. Lifetime trustee. A trustee acting under a lifetime trust.

33. Legatee. Any person designated to receive a transfer by will of

personal property.

34. Letters. Includes letters of administration, letters of

administration c. t. a., letters of administration d. b. n., limited

letters of administration, ancillary letters of administration,

ancillary letters of guardianship, ancillary letters testamentary,

letters of guardianship, letters of temporary administration, letters

testamentary, preliminary letters testamentary and letters of

trusteeship. A testamentary trustee who has qualified without the

issuance of letters shall be deemed for the purposes of this act to have

received letters of trusteeship.

35. Mailing or mail. A direction to mail or for mailing of process,

notice or other paper requires deposit of such process, notice or other

paper enclosed in a sealed postpaid envelope, directed to the person to

be served or notified, in any post office or other depositary under the

exclusive care and custody of the United States Postal Service.

35-a. Mailing by express mail. Mailing in conformity with the

requirements of the United States Postal Service respecting express

mail.

36. Mailing by registered or certified mail. A direction for mailing

of process, notice or other paper by registered or certified mail

requires mailing in conformity with the requirements of the United

States Postal Service respecting registered or certified mail, as the

case may be.

37. Mailing by registered or certified mail; return receipt requested.

Mailing in conformity with the requirements of the United States Postal

Service respecting registered mail with return receipt requested or

certified mail with return receipt requested, as the case may be.

37-a. Mailing by special mail service. A direction for mailing of

process, notice or other paper by special mail service requires mailing

by express mail or use of any designated delivery service within the

meaning of §7502(f)(2) of the United States Internal Revenue Code of

1986, as from time to time amended.

38. May. When used in this act, in relation to an act to be performed

by the court, means in the discretion of the court.

39. Person interested. Any person entitled or allegedly entitled to

share as beneficiary in the estate or the trustee in bankruptcy or

receiver of such person. A creditor shall not be deemed a person

interested. Where this act provides that a "person interested" may apply

for relief, a verified allegation of an interest in fact, suffices for

the purpose of the application, although the interest may be disputed,

unless or until the fact of interest has been judicially determined and

no appeal is pending therefrom.

40. Person under disability. Any person who is (a) an infant, (b) an

incompetent, (c) an incapacitated person, (d) unknown or whose

whereabouts are unknown or (e) confined as a prisoner who fails to

appear under circumstances which the court finds are due to confinement

in a penal institution.

40-a. Petition. A verified application in the manner provided in CPLR

3020, requesting action upon a matter or relief provided for in the

estates, powers and trusts law or this act.

41. Preliminary executor. Any person to whom preliminary letters

testamentary have been issued.

42. Presumptive distributee. Any person who would be a distributee as

defined in this act, if the person alleged to be deceased, absentee or

internee were dead.

43. Process. Citation, order to show cause, subpoena and any other

mandate of the surrogate's court by which jurisdiction is obtained of a

party.

44. Property. Anything that may be the subject of ownership and is

real or personal property, or is a chose in action.

45. Respondent. Every party to a proceeding except a petitioner.

46. Safe deposit company. Any corporation authorized under the banking

law to let out receptacles for safe deposit of personal property.

47. Temporary administrator. Any person to whom letters of temporary

administration have been issued.

48. Testamentary trust. A trust created by will.

49. Testamentary trustee. Any person to whom letters of trusteeship

have been issued.

50. Trust. A testamentary trust or a lifetime trust.

51. Upon the return of process. The time and place for the return of

any process and any adjournment thereof, and implies that due proof has

been made that the court has jurisdiction over all parties who appeared,

have waived or been duly served.

52. Will. A last will, including all the codicils thereto.