N.Y. Surrogate's Court Procedure Act § 1212: Powers before issuance of letters Before letters are issued to him and subject to the provisions of section 1128 of this act the public a...

§ 1212. Powers before issuance of letters

Before letters are issued to him and subject to the provisions of

section 1128 of this act the public administrator is authorized to

1. Take possession of, collect and secure the personal property

within his county of any person who shall die intestate or testate

either within this state or elsewhere or whose property shall arrive

within the county after his death whenever there is no person eligible

to act as fiduciary of an intestate or of a testator if the executor

named in the will refuses or neglects to act or is dead or if his

whereabouts are unknown or if he is not eligible to receive letters.

2. Take possession of, manage and collect the rents of the real

property of an intestate whose distributees are unknown or whose

distributees, if known, are non-domiciliaries, or of a testator, if the

executor named in the will refuses or neglects to act or is dead or if

his whereabouts are unknown or if he is not eligible to receive letters.

3. Make necessary funeral arrangements for the decedent and to pay

the reasonable charges therefor.

4. Institute an inquiry as provided by 1216.

5. Sell, as and when authorized by the court, perishable property or

such other property of the decedent as the preservation of the estate

requires.

6. Defray the expenses of the foregoing activities and the expenses

incidental to his application for letters.