N.Y. Surrogate's Court Procedure Act § 1304: Summary procedure 1

§ 1304. Summary procedure

1. When available. No waiting period after the death of the decedent

is required.

The procedure prescribed in this article may be used after the

decedent's death.

2. Bond. The voluntary administrator need not give a bond.

3. Affidavit. A person may qualify as a voluntary administrator by

making and filing with the clerk of the court of the decedent's

domicile, or in the case of a non-domiciliary, of the county in which

his personal property is located, an affidavit in the form provided by

the Official Forms appended to this act, and also a certified copy of

the death certificate of the decedent.

4. Record. The clerk shall file the affidavit and assign it a number.

The clerk shall enter each such proceeding in the records and indexes of

the court. The clerk shall charge a fee of $1 for filing the affidavit.

No order of the court or other proceeding shall be necessary. The clerk

shall mail to each distributee who has not renounced his or her right to

act and to each beneficiary mentioned in the affidavit other than the

affiant, a letter or postcard notice of the proceeding under this

article. The giving of such notice is not jurisdictional.

5. Furnishing evidence of qualification and authority. A short

certificate of the court showing the filing by the voluntary

administrator of the required affidavit, shall evidence his, her or its

qualification and authority to act. The clerk may indicate on the

certificate that it is valid only for a transfer or transaction as

specified thereon. The voluntary administrator shall deliver a

certificate to each debtor, transfer agent, safe deposit company, bank,

trust company or other person holding or having custody, possession or

control of any personal property of the decedent which the voluntary

administrator seeks to reduce to possession or otherwise affect the

title thereof.