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New York · Through 2026-09-11

N.Y. Surrogate's Court Procedure Act § 716: Proceedings thereupon If it shall be determined that the petition should be granted, an intermediate order may be entered forthwith or at...

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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

§ 716. Proceedings thereupon

If it shall be determined that the petition should be granted, an

intermediate order may be entered forthwith or at any time during the

pendency of the proceeding, permitting the petitioner to resign,

revoking his or her letters, or removing him or her, appointing a

successor, and directing the resigning fiduciary to turn over all assets

in his or her hands to his or her successor and settle his or her

account judicially or informally. The proceedings thereupon, whether or

not the letters of the petitioner be revoked or he or she be removed,

must be the same as upon a petition for the judicial settlement of the

petitioner's account, except that the successor fiduciary, if one shall

have been appointed, shall be a necessary party to it. Upon the

resigning fiduciary fully accounting and paying over all money which is

found to be due from him or her and delivering over all books, papers

and other property in his or her hands to his or her successor, or in

such manner as the court directs, a decree may be made discharging him

or her accordingly.

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

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