N.Y. Surrogate's Court Procedure Act § 1207: Salary; commissions; retention of commissions 1

§ 1207. Salary; commissions; retention of commissions

1. Except as herein provided the public administrator shall receive

an annual salary to be fixed by the board of supervisors of his county

for the administration of all estates.

2. The public administrator of the counties of Erie and Onondaga

shall be entitled to retain from all moneys or property which come into

his hands, after deducting all reasonable and necessary expenses, the

same commissions as are now allowed by law to a fiduciary other than a

trustee. If he be a licensed attorney-at-law he shall receive as his

compensation, in addition to his commissions, the legal fees as attorney

for the estate as may be allowed by the court together with his

reasonable and necessary expenses and disbursements which shall be a

charge against the estate in each instance.

3. The public administrator of the county of Monroe, if he be a duly

licensed attorney-at-law shall receive no salary and may act as his own

counsel and shall receive as his compensation such legal fees as the

attorney of the estate as may be allowed by the court together with his

reasonable and necessary expenses and disbursements which shall be a

charge against the estate in each instance. If he shall not be an

attorney-at-law he shall be compensated as is provided for in

subdivision 1.

4. On the settlement of the account of the public administrator in

each instance, except as provided in subdivisions 2 and 3 the court may

allow his reasonable and necessary expenses and disbursements and in

addition, in the counties of Erie, Monroe, Nassau, Onondaga, Suffolk and

Westchester, a reasonable amount for the expenses of his office, to be

fixed by the court. In addition thereto he shall be entitled to receive

commissions on all moneys or property of any decedent or the proceeds of

a cause of action for wrongful death which may come into his hands as

provided for a fiduciary other than a trustee.

5. Except as hereinabove provided the public administrator shall not

receive to his own use any remuneration in addition to his salary for

his services and he shall pay to the treasurer of his county all

commissions and costs received by him. Such payments shall be made

monthly and shall be accompanied by a sworn statement in such form as

the comptroller of his county shall prescribe showing in detail the

commissions and costs received and allowed to him.