N.Y. Surrogate's Court Procedure Act § 902: Procedure for appointment of temporary administrator 1

§ 902. Procedure for appointment of temporary administrator

1. If a proceeding is pending for probate of a will or for letters of

administration, process shall issue to such persons and in such manner

as directed by the court.

2. If no proceeding is pending and the alleged delay is in a

proceeding for

(a) letters of administration on the estate of a decedent or a person

alleged to be deceased, process shall issue to the persons who would be

entitled to receive process on an application for such letters;

(b) probate of a will, process shall issue to the executor named in

the last will on file in the court of a decedent or a person alleged to

be deceased and to such beneficiaries named in such will and to such

other persons as directed by the court.

3. In the case of an absentee, process shall issue to the absentee and

to the persons who would be his or her distributees if he or she had

died on the date of filing the petition. Upon return of process the

court after hearing shall fix and determine the date when the absentee

was last seen or heard of.

4. In the case of an internee, process shall issue to the persons who

would be his or her distributees if he or she had died on the date of

filing the petition.

5. In all cases under subdivisions 1, 2 and 4, the court may dispense

with process if it finds that the best interests of the estate so

require.

6. After a citation has been issued by the court in a case under

subdivision 3 and it is established to the satisfaction of the court

that the best interests of the estate of an absentee require immediate

supervision or action by a fiduciary, the court may forthwith appoint

the temporary administrator to serve during the pendency of the

proceeding or for such shorter period of time as the court directs. In

no event shall such appointment be for a longer period than six months

from the date of issuance of the citation. During the pendency of the

proceeding, the court may at any time revoke such letters of temporary

administration. The temporary administrator shall not be entitled to

commissions under 2307 for services rendered prior to the date of the

decree finally appointing the temporary administrator and containing the

finding required by subdivision 3, but the court may award such

compensation for such services as shall be just, reasonable and proper,

not to exceed a full commission for all services rendered by such person

as fiduciary during the entire administration of the estate.

7. A petition for letters of temporary administration may be presented

by any person interested in the estate of a decedent or a person alleged

to be deceased, any beneficiary or nominated executor under the last

will of a decedent or a person alleged to be deceased on file in the

court, any person who would have an interest in the property of an

absentee or internee if he or she were dead, a public administrator,

county treasurer, creditor or by a person interested in an action

brought or about to be brought in which the decedent, absentee or

internee would be a proper party.