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New York · Through 2026-09-11

N.Y. Surrogate's Court Procedure Act § 2112: Compensation of persons acting under powers of attorney or other instruments 1

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Where this section sits in the code
  1. Surrogate's Court Procedure Act
  2. Article 21. Miscellaneous Proceedings

§ 2112. Compensation of persons acting under powers of attorney or other

instruments

1. At any time during the administration of an estate and

irrespective of the pendency of a particular proceeding the court is

authorized either on its own initiative or on application by the

fiduciary or a person interested to fix and determine the compensation,

charges and expenses of a person acting under a power of attorney or

other instrument described in EPTL 13-2.3 for services rendered to his

principal, and to review and determine the validity and reasonableness

of any such compensation, charge or expense, whether or not it has been

fixed previously by agreement.

2. In the event any such person has already received or been paid a

sum in excess of the fair and reasonable value of his services, charges

and expenses as determined by the court the latter is authorized to

direct him to refund the excess. A proceeding therefor may be commenced

by the court on its own initiative or by the petition of a person

interested.

3. Nothing contained herein shall be deemed to authorize the practice

of law by an attorney in fact or other person acting under an instrument

described in EPTL 13-2.3 who is not an attorney of this state.

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

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