N.Y. Surrogate's Court Procedure Act § 1123: General powers of public administrator

§ 1123. General powers of public administrator.

1. Every public administrator shall have all the powers specifically

granted herein and also the powers given by law to a fiduciary of a

decedent's estate.

2. In addition to the foregoing grant of powers and without limitation

thereon each public administrator is authorized to:

(a) Sell personal property of the decedent at public auction pursuant

to notice appearing for 3 successive days prior to the sale in a

newspaper published in the county pursuant to the provisions of section

1128 of this article.

(b) Retain marketable securities beyond 4 months after letters have

been granted to him provided that the court has so permitted by order.

(c) Serve process on creditors, legatees or other persons interested,

distributees, domiciled outside the city of New York by certified mail,

return receipt requested, whenever directed by the court by order in any

proceeding, the provisions of section 308 notwithstanding. Such service

shall be valid if made at least 30 days before the return day thereof.

(d) Distribute without an accounting proceeding the assets of any

estate defined as a small estate in subdivision 1 of section 1301 of

this act and upon distribution to take the costs and commissions

ordinarily allowed by the court upon the entry of a decree upon final

accounting.

(e) File in the court an informatory account in a form prescribed by

rule where the gross value of the assets of the estate accounted for

does not exceed the monetary amount defined as a small estate in

subdivision 1 of section 1301 of this act and shall serve a copy of such

informatory accounting by certified mail on all interested parties at

least 30 days prior to filing with the court.

(f) Pay for the use and benefit of an infant distributee or legatee

who has no guardian of the property the share or legacy due the infant

if not exceeding $5,000 by payment thereof in the discretion of the

public administrator to a parent or to an adult competent person with

whom the infant resides.

(g) Pay or deliver to the commissioner of finance of the city of New

York the balance of any moneys or other assets in his hands remaining

after settlement of his account or the filing of an informatory account,

where payable to persons under disability or whose shares are to be

deposited pursuant to section 2218 of this act.

(h) Apply ex parte or upon such notice as directed by the court for an

order or decree in any appropriate proceeding requiring the city of New

York to return to the public administrator any money or unliquidated

assets theretofore deposited by the public administrator and remaining

in the treasury of the city of New York and upon further order of the

court to make distribution of such recovered funds to the persons

entitled thereto.

(i) Receive process or other notice as a necessary party in the

following proceedings:

(1) Any proceeding pending in the court where service of process or

notice in behalf of any known or unknown person is directed by the court

or where the court by order directs the public administrator to appear

therein.

(2) Every proceeding for the appointment of an administrator or for

the probate of a will where it does not appear that the persons applying

or named in the petition are all the distributees of the decedent or

where it appears that such persons are related to the decedent in the

fourth degree of consanguinity or are more remotely related.

(3) Every proceeding to effect distribution of moneys or property

deposited for the account of unknown persons or of infants or

incompetents, or of known persons whose shares were deposited pursuant

to section 2218. In any such proceeding the public administrator shall

be deemed a person interested.

(4) In all such proceedings the public administrator, in his

discretion, may take any action in behalf of such person or persons as a

person interested might.

(5) Whenever a public administrator acts pursuant to this subparagraph

he shall be allowed by the court his proper expenses and his counsel

shall be allowed his reasonable fee. Such expenses and fee shall be

payable either from the estate generally or from the shares or interests

of the respective persons represented by the public administrator, as

may be directed by the court.