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New York · Through 2026-09-11

N.Y. Surrogate's Court Procedure Act § 1215: When authorized to receive process or appear 1

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Where this section sits in the code
  1. Surrogate's Court Procedure Act
  2. Article 12. Public Administrators In the Counties of Erie, Monroe, Nassau, Onondaga, Suffolk and Westchester and County Treasurers Appointed Administrators

§ 1215. When authorized to receive process or appear

1. The public administrator may be authorized by the court to receive

process or other notice as a necessary party in the following

proceedings:

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

notice of or in behalf of any known or unknown persons is directed by

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

to appear therein.

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

the probate of a will where it appears that the persons applying or

named in the petition are not all of 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.

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

be deposited or deposited for the account of unknown persons or of

infants or incompetents, of known persons whose residences are unknown

or of known persons whose shares were deposited pursuant to 2218. In any

such proceeding when so authorized the public administrator shall be

deemed an interested party.

2. In all such proceedings the public administrator, in his

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

party interested might.

3. Whenever a public administrator acts pursuant to this section 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.

Collected 2026-09-14T19:32:45Z. Source file · JSON

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