N.Y. Surrogate's Court Procedure Act § 719: In what cases letters may be suspended, modified or revoked, or a lifetime trustee removed or his powers suspended or modified, without p...

§ 719. In what cases letters may be suspended, modified or revoked, or a

lifetime trustee removed or his powers suspended or modified,

without process

In any of the following cases, the court may make a decree suspending,

modifying or revoking letters issued to a fiduciary from the court or

removing a lifetime trustee or modifying or suspending the powers of a

lifetime trustee without a petition or the issuance of process:

1. Where the fiduciary being duly cited to account neglects to appear

upon the return of process without showing a satisfactory excuse

therefor and the court has sufficient reason to believe that no valid

excuse can be made, or having been ordered to account, fails to file an

account within such time and in such manner as directed by the court.

2. Where process issued to a fiduciary in a case prescribed by law

cannot be personally served upon him by reason of his having absconded

or concealed himself.

3. Where he has defaulted in supplying information concerning assets

or affairs of the estate as ordered by the court, pursuant to 2102, or

has neglected or refused to obey the order.

4. Where by the judgment of another court of competent jurisdiction

the will or lifetime trust instrument under which letters have been

issued or the fiduciary appointed is declared to be invalid or

ineffective.

5. Where an administrator has failed to give the bond required to sell

or to receive the proceeds of a sale of real property or to give a new

bond or a new surety when required to do so by an order or decree of the

court.

6. Where he has been convicted of a felony or has been judicially

committed or has been declared an incompetent.

7. Where he mingles the funds of the estate with his own or deposits

them with any person, association or corporation authorized to do

business under the banking law in an account other than as fiduciary.

8. In any case in which ancillary letters have been issued where the

original letters in the domiciliary jurisdiction have been revoked.

9. Where a temporary administrator has been appointed of the estate of

an absentee, and it is shown that the absentee has returned or that he

is living and capable of resuming the management of his affairs or that

an executor or administrator has been appointed of his estate or that a

committee of his property has been duly appointed in this state.

10. Where any of the facts provided in 711 are brought to the

attention of the court.