N.Y. Surrogate's Court Procedure Act § 2207: Accounting by fiduciary of deceased fiduciary, committee of incompetent fiduciary, or conservator of conservatee fiduciary 1

§ 2207. Accounting by fiduciary of deceased fiduciary, committee of

incompetent fiduciary, or conservator of conservatee fiduciary

1. Where a fiduciary dies the court has the same jurisdiction upon

the petition of any person required to be served upon a voluntary

judicial settlement of the account of the deceased fiduciary to compel

the fiduciary of the deceased fiduciary to account which it would have

against the deceased fiduciary.

2. A fiduciary of a deceased fiduciary may voluntarily account for

the acts and doings of the deceased fiduciary and for the property of

the estate which had come into the possession of the latter, whether or

not such property has come into the hands of the fiduciary of the

deceased fiduciary, provided however, that the fiduciary of the deceased

fiduciary shall not be accountable for such property except to the

extent that he shall have assets of the estate of the deceased

fiduciary.

3. On the death of a fiduciary while an accounting by or against him

as such is pending before the court, the court may continue the

proceeding where his fiduciary or successor has voluntarily made himself

a party thereto or has been brought in by process, and proceed with the

accounting and determine all questions and grant any relief which the

court would have power to determine or grant in case such fiduciary had

not died or in case the fiduciary of the deceased fiduciary had

voluntarily petitioned for an accounting as provided in this section.

4. On a petition filed by a fiduciary of a deceased fiduciary there

shall be brought in the persons who would be necessary parties to a

proceeding commenced by the deceased fiduciary for a judicial settlement

of his accounts and also if a successor of the deceased fiduciary has

been appointed, such successor or his fiduciary.

5. If upon the accounting the court finds that there can be a

distribution in whole or in part to the parties entitled thereto it may

make a decree accordingly and may also therein direct payment and

delivery of the balance of the estate by the fiduciary of the deceased

fiduciary upon such terms and security as it deems proper. For the

purpose of payment and distribution the fiduciary of the deceased

fiduciary shall have all the powers and duties of the deceased

fiduciary.

6. Upon the settlement of the account the court may allow to the

fiduciary of the deceased fiduciary reasonable compensation for any

service rendered by him to the estate accounted for. The compensation

so allowed plus any commissions retained by the deceased fiduciary or

payable to his estate shall in no event exceed a full commission under

2307, 2308 or 2309, whichever section is applicable to the type of the

deceased fiduciary.

7. The court may grant to the fiduciary of a deceased fiduciary all

of the rights and powers of the deceased fiduciary, subject to all of

the duties and liabilities of such deceased fiduciary.

8. Every right granted by this section to or against the fiduciary of

a deceased fiduciary shall apply to a similar proceeding by or against

the committee of an incompetent fiduciary or the conservator of a

conservatee fiduciary.