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New York · Through 2026-09-11

N.Y. Surrogate's Court Procedure Act § 702: Limited and restrictive letters Letters may be granted limiting and restricting the powers and rights of the holder thereof: 1

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Where this section sits in the code
  1. Surrogate's Court Procedure Act
  2. Article 7. General Provisions Relating to Letters

§ 702. Limited and restrictive letters

Letters may be granted limiting and restricting the powers and rights

of the holder thereof:

1. To the enforcement or prosecution of a cause of action in favor of

the decedent or his fiduciary under general or special provisions of

law, to the defense of any claim or cause of action against a decedent

or his fiduciary, and restraining the fiduciary from compromise of the

action or the enforcement of a judgment recovered therein until the

further order of the court and the filing of satisfactory security if

required.

2. Where it is impracticable to give a bond in the full amount

required by statute, to receiving and administering only the property

which the court may specify, and restraining him from receiving or

administering other property until further order of the court.

3. To the adjustment, settlement, satisfaction or discharge of any

claim in favor of or against the decedent or his fiduciary.

4. To the performance of any act required in order to discharge the

estate of a decedent from liability.

5. To an account in behalf of the decedent for the performance by him

of any trust or other responsibility.

6. To the completion of any transfer made by a decedent or his

fiduciary and to the execution of any instruments confirming any

transfer so made.

7. To the appearance in and conduct of an action in which a decedent

or his fiduciary is a necessary or proper party.

8. In the discretion of the court, to represent the estate in a

transaction in which the acting fiduciary could not or should not act in

his or her fiduciary capacity because of conflict of interest.

9. To commence and maintain any action or proceeding against the

fiduciary, in his or her individual capacity, or against anyone else

against whom the fiduciary fails or refuses to bring such a proceeding.

10. To any other purpose or act deemed by the court to be appropriate

or necessary in respect of the affairs of the estate, the protection

thereof or to the proper administration thereof.

In any case where limited and restrictive letters are granted the

court may reduce the amount of security otherwise required or dispense

therewith according to the circumstances.

Any letters may contain appropriate recitals restraining the holder

from doing any such acts or exercising any such powers as may be

specified therein until the further order of the court and upon the

filing, if ordered, of satisfactory security. The issuance of limited or

restrictive letters under this section may be in addition to the

issuance of general letters or other, limited or restrictive letters.

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

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