N.Y. Surrogate's Court Procedure Act § 1311: Administration of funds payable under social security act of the United States, the unemployment insurance law and the workmen's compensa...

§ 1311. Administration of funds payable under social security act of the

United States, the unemployment insurance law and the

workmen's compensation law.

1. In virtue of his office and without issuance of letters each

public administrator, and in counties having no public administrator,

each county treasurer is authorized to receive from the social security

board of the United States or the unemployment insurance fund of the

state or from any person making payment under the workmen's compensation

law, for application according to law in the payment of administration

expenses, funeral expenses and for distribution to the distributees of

the deceased any moneys not exceeding $500 payable pursuant to title II

of the social security act of the United States or pursuant to the

unemployment insurance law, or pursuant to the workmen's compensation

law, as the case may be, to the estate of any person dying intestate a

resident of his county.

2. The moneys so received by the public administrator or county

treasurer shall be applicable to the payment of the expenses of

administration, to the payment of reasonable funeral expenses not

otherwise provided for and any balance may be distributed without prior

accounting decree to the persons entitled thereto as distributees of the

decedent.

3. In the case of an infant or incompetent his share, if not

exceeding $1,000, may be paid for the use and benefit of the infant to a

parent or to some competent person with whom the infant or incompetent

resides or who has an interest in his welfare.

4. If the sum payable to a patient in an institution in the state

department of mental hygiene is not in excess of the amount which the

director of the institution is authorized to receive pursuant to section

29.23 of the mental hygiene law, it may be paid to such director for use

as provided in that section.