N.Y. Surrogate's Court Procedure Act § 2102: Proceedings for relief against a fiduciary A proceeding may be commenced to require a fiduciary: 1

§ 2102. Proceedings for relief against a fiduciary

A proceeding may be commenced to require a fiduciary:

1. To supply information concerning the assets or affairs of an estate

relevant to the interest of the petitioner when the fiduciary has failed

after request made upon him in writing therefor.

2. To set apart and turn over exempt property to which a spouse or

child is entitled or if it has been lost, injured or disposed of to pay

the value thereof or the amount of injury thereto.

3. After reservation for the payment of the expenses of administration

to pay the reasonable funeral expenses of a decedent if there are funds

available for such payment.

4. To pay a claim which has been allowed, to deliver a specific

bequest or property to a person entitled thereto or to pay a legacy,

distributive share, interest in a trust or a claim for an administration

expense, and when a trustee is unable to deliver personal property to

the person entitled, to pay the value thereof.

5. To pay in advance to any beneficiary of an estate all or part of

any beneficial interest to which he is entitled when the property of the

estate applicable to the payment of debts, legacies and expenses exceeds

by at least one-third the amount of all known claims, legacies having

priority and beneficial interests of the same class and the beneficiary

needs such payment for his support or education or of his family.

6. To comply with such directions as the court may make whenever two

or more fiduciaries disagree with respect to any issue affecting the

estate.