N.Y. Surrogate's Court Procedure Act § 1610: General powers and duties of ancillary fiduciary 1

§ 1610. General powers and duties of ancillary fiduciary

1. The provisions of law governing the rights, powers, duties and

liabilities of a fiduciary apply to a person to whom ancillary letters

are granted under this article except where a special provision is

otherwise made or where a contrary intent is expressed in or plainly to

be inferred from the context.

2. The court or any court of this state having jurisdiction may

direct a person to whom ancillary letters have been issued to pay from

the assets received by him in this state the debts of the decedent due

to creditors who reside in this state. If the amount of all the

decedent's debts here and elsewhere exceeds the amount of all the

decedent's property applicable thereto the court may direct the

ancillary fiduciary to pay such sum to each resident creditor as equals

that creditor's share of all distributable assets.

3. The court or any court of the state having jurisdiction may direct

the ancillary fiduciary to distribute the remaining assets after the

payment of creditors and expenses to those entitled thereto or to

otherwise dispose of the assets as justice requires.

4. Unless a court shall direct the ancillary fiduciary to distribute

the assets as provided in the preceding subdivisions he is required to

transmit the remaining assets to the state or country where domiciliary

letters were granted to be disposed of pursuant to the law thereof.