S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5714
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 25, 2011
                                      ___________
       Introduced  by  M.  of  A.  ENGLEBRIGHT,  MARKEY,  GABRYSZAK, McDONOUGH,
         JORDAN, HOOPER, ZEBROWSKI, REILLY, FINCH -- Multi-Sponsored by  --  M.
         of  A. BARCLAY, CALHOUN, DenDEKKER, GOTTFRIED, KOLB, MILLMAN, ORTIZ --
         read once and referred to the Committee on Judiciary
       AN ACT to amend the surrogate's court procedure act, in relation to  the
         filing  by  a  public administrator of an informatory accounting for a
         small estate
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Paragraph  (c)  of  subdivision  2 of section 1213 of the
    2  surrogate's court procedure act, as amended by chapter 655 of  the  laws
    3  of 1993, is amended to read as follows:
    4    (c)  File  in the court after the expiration of 7 months from the time
    5  he OR SHE commences to act as fiduciary of  the  estate  an  informatory
    6  account  in estates in which the gross value of the assets accounted for
    7  [is less than $5,000] DOES NOT EXCEED THE MONETARY AMOUNT DEFINED  AS  A
    8  SMALL  ESTATE  PURSUANT  TO  SECTION 1301 OF THIS ACT and a copy of such
    9  account shall be mailed by certified mail, return receipt requested,  to
   10  each  of  the  persons  entitled  to  receive process upon an accounting
   11  proceeding provided the names and addresses of such persons be known  to
   12  him  OR  HER.   Unless objection or claim be properly filed in the court
   13  within 30 days from mailing such account a final decree settling his  OR
   14  HER  account  may  be  entered without further notice or proceedings and
   15  with the same effect as in an accounting proceeding and he OR SHE  shall
   16  be  entitled to the commissions, costs and allowances allowed him OR HER
   17  by the court in the decree.
   18    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07225-01-1