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PUBLIC ADMINISTRATORS OF THE COUNTIES WITHIN THE CITY OF NEW YORK
Section 1101. Incumbents. 1102. Appointment and removal; terms of office 1103. Deputy public administrator 1104. Oath and bond. 1105. Compensation. 1106. Commissions. 1107. Deposit of funds. 1108. Staff; salaries; offices. 1109. Monthly reports to court, mayor and comptroller; annual audit 1110. Responsibility of the city. 1111. Vacancy in office; delivery of money, papers and effects. 1112. Authority to act. 1113. Reports of deaths and burials. 1114. Inquiry and subpoena. 1115. Letters not required for small estates 1116. Application for letters; when court may direct probate. 1117. No separate bond or oath. 1118. Powers before issuance of letters. 1119. Notice to consuls. 1120. Appearance by consuls. 1121. Grant of letters to others. 1122. Delivery of estate assets to fiduciary; expenses, costs and commissions. 1123. General powers of public administrator. 1124. Appeal; bond. 1125. Notification to corporation counsel. 1126. Property without value where no administration had. 1127. Disposition of records after 10 years. 1128. Administrative board for the offices of the public administrators S 1101. Incumbents The office of public administrator within the counties of the city of New York hereby is continued. The public administrators of the counties within the city of New York in office when this act takes effect shall continue in office until the end of their respective terms or until a vacancy occurs. S 1102. Appointment and removal; terms of office Notwithstanding the provisions of any other law, appointment and removal shall be made as follows: 1. The public administrators of Kings, Richmond, New York, Bronx and Queens counties shall be appointed by and may be removed by the judge or judges of the court of their respective counties and shall continue in office until removed. 2. Each appointment shall be in writing and shall be filed in the office of the county clerk in the county for which the appointment is made. S 1103. Deputy public administrator 1. The deputy public administrators of the counties of New York city shall be appointed by the surrogate court judge of the county in which they shall serve. 2. The deputy public administrators of any county where the office exists or may be established shall perform the services and shall possess the powers as may be prescribed for and vested in him by the respective public administrators and shall possess every power and perform every duty belonging to the office of public administrator in the circumstances specified by section nine of the public officers law. 3. The deputy public administrator of any county where the office exists or may be established shall continue in office until removed by the surrogate court judge or judges of that county. 4. Each appointment shall be in writing and shall be filed in the office of the county clerk in the county for which the appointment is made. S 1104. Oath and bond Each person appointed to the office of public administrator or deputy public administrator in any of the counties within the city of New York before entering upon the duties of his office shall take and file the constitutional oath of office and execute a bond in the sum of $50,000 to the city of New York with such sureties as shall be approved by the judge or judges of the court of the county conditioned for the faithful discharge of all duties enjoined on him by law. S 1105. Compensation 1. The public administrators of the counties comprising the city of New York shall receive two-thirds of the amount paid to the judges of the surrogate`s court of the counties within the city of New York. 2. Each of the deputy public administrators of the counties comprising the city of New York shall receive as compensation two-thirds of the amount paid or hereafter paid to the public administrators of each such county, respectively. 3. The public administrators shall not receive to their own use any fees or emoluments in addition to their salaries except as provided in section 1106, subdivision 3. The above annual salaries shall be included annually in the expense budget of the city of New York. S 1106. Commissions 1. The public administrators of Bronx, Kings, New York, Queens and Richmond counties shall each retain over and above all necessary expenses upon all moneys which shall come into their respective hands the same commissions as are now or may hereafter be allowed by law to fiduciaries under section 2307. 2. The value of any real or personal property and the increment thereof received, disbursed or delivered shall be considered as money in computing commissions, except where the real or personal property has been specifically devised or bequeathed. 3. On the settlement of the account of the public administrator in each instance, notwithstanding the provisions of subdivisions 1 and 2, the court may allow his reasonable and necessary expenses and disbursements and in addition, a reasonable amount for the expenses of his office, to be fixed by the court, and not to exceed the sum allowed in the respective offices of the public administrators as of December 31, 1992 unless prior to the proposed increase the public administrator has notified the administrative board in writing of the amount of the proposed increase and the reason therefor. Unless the administrative board notifies the public administrator in writing that the proposed increase has been approved by the board, the public administrator shall not implement such increase. The board must pass upon the proposed increase within sixty days of receipt of the request from the public administrator. 4. The commissions and allowances provided for by this section may be retained by the respective public administrators in preference to any debts or claims except funeral expenses. 5. The public administrators of Bronx, Kings, New York, Queens and Richmond counties shall not receive to their own use any fees or emoluments in addition to their salaries. S 1107. Deposit of funds. 1. The public administrators shall pay into the treasury of the city of New York all commissions and costs received by them from any source. Such payments shall be made monthly and shall be accompanied by a sworn statement in the form prescribed by the comptroller of the city of New York showing in detail the costs and commissions received and allowed to them. 2. The public administrators shall deposit to their respective credit all moneys by them severally collected and received within 5 days after receipt in demand, time, thrift or other accounts in one or more banks or trust companies designated by the mayor, comptroller and commissioner of finance for the deposit of moneys of the city of New York or in such accounts in savings banks or savings and loan associations located in their respective counties. All interest received on such deposits shall be credited to the respective estates. In case of the insolvency or involuntary liquidation of the depository all money so deposited shall be entitled to equal priority of payment with that given by law to deposits of money by the state superintendent of banks. 3. Each public administrator shall whenever required exhibit to the city comptroller and the surrogate of the county where appointed the bank books or statements and all other vouchers and documents relating to his office. The comptroller and surrogate shall examine the bank books and statements showing the deposits and the vouchers on which the check is required to be drawn and shall satisfy himself fully as to the correctness thereof and in case of doubt or difficulty he shall report the case to the mayor for his direction. S 1108. Staff; salaries; offices Notwithstanding the provisions of any other law, appointment and removal shall be made as follows: 1. Assistants and employees. (a) The public administrators of the counties of the city of New York are hereby vested with the power to appoint and remove such other employees as may be allowed annually in the budget of the city of New York. (b) The salaries above provided shall be included annually in the budget of the city of New York. 2. Counsel. (a) In the counties of the city of New York, the court may appoint one or more counsels to the public administrator. (b) The reasonable compensation of counsel so appointed shall be paid from the respective estates in which legal services are rendered and may be paid as provided in EPTL 11-1.1(b) (22) and the city of New York shall not be required to include in its expense budget any compensation for such counsel. (c) Any legal fees allowed by the court pursuant to paragraph (b) of this subdivision shall be supported by an affidavit of legal services setting forth in detail the services rendered, the time spent, and the method or basis by which requested compensation was determined. In fixing the legal fees, the court shall consider the time and labor required, the difficulty of the questions involved, the skill required to handle the problems presented, the lawyer`s experience, ability and reputation, the amount involved and benefit resulting to the estate from the services, the customary fee charged by the bar for similar services, the contingency or certainty of compensation, the results obtained, and the responsibility involved. 3. Offices. (a) Suitable offices for the public administrators of Bronx, Kings, Queens and Richmond counties shall be provided by the appropriate fiscal authority in one of the county buildings of such counties, respectively, provided however that in Richmond county such office may be provided in buildings other than a county building. 4. The office of public administrator of Bronx county shall be deemed a civil division within the meaning of section 45 of the civil service law. S 1109. Monthly reports to court, mayor and comptroller; annual audit Each public administrator shall file monthly with the surrogate of the county where appointed, mayor and the comptroller of the city of New York a statement of such of his accounts as have been closed or finally settled in such form as the comptroller may prescribe. Each public administrator shall file every six months with the surrogate of the county where appointed a report of every estate administered by the public administrator which has not been fully distributed within two years from the date when the first permanent letters of administration or letters testamentary were issued. Such report shall include the name of the decedent, file number, date of issuance of first permanent letters, approximate amount of gross estate, approximate amount that has been distributed to beneficiaries, approximate amount remaining in fiduciary`s hands, reason that estate has not yet been fully distributed, date of report, address and phone of public administrator, and address and phone of attorney for the public administrator. Copies of such reports shall be provided, upon request to the attorney general and the state comptroller. Each public administrator shall conduct annually an audit of his office by an independent certified public accountant and such a report based on such audit shall be filed with the surrogate of the county where appointed, the mayor and the comptroller of the city of New York, the attorney general of the state of New York and the comptroller of the state of New York. Within six months of receipt of the audit, the attorney general and the state comptroller shall report to the appropriate surrogate and public administrator their comments concerning the audit and any suggested recommendations they may have concerning the performance and operation of the public administrator`s office. The audit shall be conducted in compliance with generally accepted government audit standards, and shall include a review of the performance of the office with respect to the guidelines and uniform fee schedules established by the administrative board. The costs of such audit and report shall be included annually in the budget of the city of New York. S 1110. Responsibility of the city 1. The city of New York shall be answerable for the faithful execution by the public administrator of all the duties of his office and for the application by him of all moneys and property received by him and for all moneys and securities and the interest, earnings and dividends thereon actually received by him or which he should have collected or received. 2. From all such sums paid into the city treasury the city may deduct any charges or commissions thereon which are now or may hereafter be authorized by law. 3. Any person aggrieved by any act or omission of a public administrator and any person entitled to receive any money or property for which the public administrator may be held to account, shall have each and every remedy against the city of New York as would be available against a fiduciary in like case and may initiate in the surrogate`s court having jurisdiction a proceeding for the enforcement of his claim or right and shall serve process thereon on the comptroller of the city. The public administrator then in office shall be a necessary party in such proceeding. S 1111. Vacancy in office; delivery of money, papers and effects 1. Whenever a public administrator shall resign or be removed from his office he shall immediately deliver over to his successor all papers, moneys and effects in his hands. 2. In case of the death of a public administrator the persons into whose custody or possession any such papers, money or effects may come shall deliver them on demand to his successor. 3. Delivery may be enforced in the manner provided by law in relation to public officers. 4. The successor upon qualifying shall succeed at once to all the rights, duties and powers of his predecessor in office without the reissuance of letters to him. S 1112. Authority to act The public administrator in his proper county shall have authority to take possession of, manage and collect the rents of the real property and take charge of the personal property of an intestate: 1. Whenever any person not known to have left him surviving a person eligible to receive letters shall die intestate either within this state or elsewhere leaving any real or personal property within the county and 2. Whenever any personal property of such intestate shall arrive within the county after his death. 3. Whenever all of the surviving relatives are not known the public administrator shall conduct a search for all living distributees of the decedent by reference to bank, postal, and telephone records and inquiry of neighbors, and other reasonable steps under the circumstances. The public administrator shall maintain records of all responses to such notices.
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S 1113. Reports of deaths and burials 1. Every person keeping a hotel, boarding or rooming house in any of the counties to which this article applies shall report in writing to the public administrator of his county information concerning every person not a member of his family who shall die in his hotel or house within 12 hours after such death. 2. The chief medical examiner or such similar public officer of each county to which this article applies within 12 hours after an inquest shall report in writing to the public administrator of his county, such information regarding the decedent which he may have. 3. Every undertaker shall file a report in writing with the public administrator of his county within 12 hours after receiving an order for the burial by him of any decedent having no known distributees or having been survived only by cousins or relatives by marriage, such information regarding the decedent which he may have. S 1114. Inquiry and subpoena 1. The public administrator may institute an inquiry in any case in which he is authorized to act as to any matter affecting the estate of the decedent. 2. For that purpose he may issue a subpoena or subpoena duces tecum either before or after the issuance of letters in the name of the court with the same effect as if either were issued by the court. 3. Failure to comply with the directions of the subpoena or subpoena duces tecum shall be punishable as a contempt of court. S 1115. Letters not required for small estates 1. Without the issuance of letters the public administrator by virtue of his office shall have all the powers of a fiduciary of a decedent`s estate whenever the gross assets of the estate do not exceed the monetary amount defined as a small estate pursuant to subdivision 1 of section 1301 of this act. 2. In the event the aggregate sum of the assets of an estate in which the public administrator commences to act pursuant to subdivision 1 shall exceed the monetary amount defined as a small estate pursuant to subdivision 1 of section 1301 of this act the public administrator shall forthwith apply for letters. 3. The delivery by the public administrator to a debtor, transfer agent or person holding personal property of the decedent of a certificate evidencing his authority to act under this section, his receipt and the surrender of any evidentiary document shall constitute a complete release and discharge for any payment of money or delivery of property made pursuant to the certificate without such person being required to see to the application thereof and with the same effect as if made to any other fiduciary. S 1116. Application for letters; when court may direct probate 1. The public administrator is authorized to apply for and receive letters as defined in this act. 2. The court may direct the public administration to present a petition for probate of a will at any time after it is filed. S 1117. No separate bond or oath The public administrators within the counties of the city of New York shall not be required to file the designation, separate bond or oath required by 708 before the issuance of letters to him. S 1118. Powers before issuance of letters Before letters are issued to him and subject to the provisions of section 1128 of this article the public administrator is authorized to: 1. Take possession of, collect and secure the personal property within his county of any person who shall die intestate or testate within this state or elsewhere or whose property shall arrive with the county after his death whenever there is no person eligible to act as fiduciary of an intestate or of a testator, if the executor named in the will refuses or neglects to act or is dead or his whereabouts are unknown or if he is not eligible to receive letters. 2. Take possession of, manage and collect the rents of the real property of an intestate whose distributees are unknown or, whose distributees if known, are non-domiciliaries or of a testator if the executor named in the will refuses or neglects to act or is dead or his whereabouts are unknown or if he is not eligible to receive letters. 3. Pay the funeral expenses of the decedent. 4. Sell as and when authorized by the court perishable property or such other property of the decedent as the preservation of the estate requires. 5. Sell at public auction all property delivered to him as the effects of persons whose deaths have been reported to him by the department of hospitals, the police department or any other department or person. 6. Defray the expenses of the foregoing activities and the expenses incidental to his application for letters. S 1119. Notice to consuls When the estate is that of an alien it shall be the duty of the public administrator when making application for letters to mail a notice to the consular representative of the nation of which the decedent was a citizen or subject if any there be in the city of New York. S 1120. Appearance by consuls 1. In any action or proceeding brought by or against a public administrator in which a non-domiciliary alien is a necessary or proper party the consular representative of the country of which the alien is a citizen or subject may appear in person or by attorney in behalf of the alien if the latter shall default in appearance. 2. No power of attorney or other specific authority from the alien shall be required as a condition to such appearance. 3. Service upon an alien pursuant to 307, subdivision 3, paragraph (e) may be made without prior service of process personally or otherwise upon the alien. 4. The interests of alien persons under disability shall, however, be represented in all such proceedings by their guardians of the property, committee of the property or conservators of the property, or by guardians ad litem appointed by the court. S 1121. Grant of letters to others If any eligible distributee of the decedent shall petition to supersede the public administrator within 4 months after the public administrator has become vested with the powers of a fiduciary on the estate letters shall be granted to him upon proof that the petitioner did not receive notice of the application by the public administrator and upon the further showing that all persons prior or equal in right have been served and have defaulted or waived; but the court may refuse to supersede the public administrator if 6 months have elapsed since he became vested with the powers of a fiduciary. S 1122. Delivery of estate assets to fiduciary; expenses, costs and commissions When the public administrator has been superseded he shall account and deliver to the fiduciary superseding him all the personal property belonging to the estate which he has in his possession or control after deducting his expenses, costs and commissions as provided by law. S 1123. General powers of public administrator. 1. Every public administrator shall have all the powers specifically granted herein and also the powers given by law to a fiduciary of a decedent`s estate. 2. In addition to the foregoing grant of powers and without limitation thereon each public administrator is authorized to: (a) Sell personal property of the decedent at public auction pursuant to notice appearing for 3 successive days prior to the sale in a newspaper published in the county pursuant to the provisions of section 1128 of this article. (b) Retain marketable securities beyond 4 months after letters have been granted to him provided that the court has so permitted by order. (c) Serve process on creditors, legatees or other persons interested, distributees, domiciled outside the city of New York by certified mail, return receipt requested, whenever directed by the court by order in any proceeding, the provisions of section 308 notwithstanding. Such service shall be valid if made at least 30 days before the return day thereof. (d) Distribute without an accounting proceeding the assets of any estate defined as a small estate in subdivision 1 of section 1301 of this act and upon distribution to take the costs and commissions ordinarily allowed by the court upon the entry of a decree upon final accounting. (e) File in the court an informatory account in a form prescribed by rule where the gross value of the assets of the estate accounted for is more than $500 and less than that as defined as a small estate in subdivision 1 of section 1301 of this act and shall serve a copy of such informatory accounting by certified mail on all interested parties at least 30 days prior to filing with the court. (f) Pay for the use and benefit of an infant distributee or legatee who has no guardian of the property the share or legacy due the infant if not exceeding $5,000 by payment thereof in the discretion of the public administrator to a parent or to an adult competent person with whom the infant resides. (g) Pay or deliver to the commissioner of finance of the city of New York the balance of any moneys or other assets in his hands remaining after settlement of his account or the filing of an informatory account, where payable to persons under disability or whose shares are to be deposited pursuant to section 2218 of this act. (h) Apply ex parte or upon such notice as directed by the court for an order or decree in any appropriate proceeding requiring the city of New York to return to the public administrator any money or unliquidated assets theretofore deposited by the public administrator and remaining in the treasury of the city of New York and upon further order of the court to make distribution of such recovered funds to the persons entitled thereto. (i) Receive process or other notice as a necessary party in the following proceedings: (1) Any proceeding pending in the court where service of process or notice in behalf of any known or unknown person is directed by the court or where the court by order directs the public administrator to appear therein. (2) Every proceeding for the appointment of an administrator or for the probate of a will where it does not appear that the persons applying or named in the petition are all the distributees of the decedent or where it appears that such persons are related to the decedent in the fourth degree of consanguinity or are more remotely related. (3) Every proceeding to effect distribution of moneys or property deposited for the account of unknown persons or of infants or incompetents, or of known persons whose shares were deposited pursuant to section 2218. In any such proceeding the public administrator shall be deemed a person interested. (4) In all such proceedings the public administrator, in his discretion, may take any action in behalf of such person or persons as a person interested might. (5) Whenever a public administrator acts pursuant to this subparagraph he shall be allowed by the court his proper expenses and his counsel shall be allowed his reasonable fee. Such expenses and fee shall be payable either from the estate generally or from the shares or interests of the respective persons represented by the public administrator, as may be directed by the court. S 1124. Appeal; bond 1. The public administrator is authorized to appeal from any order, decree or judgment affecting an estate in his charge or in which he is a party. 2. On such an appeal no bond on his part shall be required to stay execution of the order, decree or judgment appealed from. S 1125. Notification to corporation counsel 1. In any proceeding under 1123, subdivision 2, subparagraph (j) (iii) service upon the public administrator having jurisdiction shall be sufficient and service upon any officer of the city of New York shall not be required. 2. In such proceeding neither the comptroller nor the corporation counsel of the city of New York shall be charged with any duty in respect of the proceedings or with any responsibility for the distribution of the funds made pursuant to the order or decree therein. 3. The public administrator shall in each such proceeding give notice to the corporation counsel of the city of New York of the pendency of the proceeding and shall file a copy of the notice with proof of service thereof as part of the record of the proceeding before entry of an order or decree therein. S 1126. Property without value where no administration had. Whenever the public administrator shall receive papers or property of a decedent upon whose estate no letters have been issued or whose property is not sufficient to require administration under 1116, the public administrator is authorized to abandon or destroy all such papers and property in his possession after 5 years have elapsed from the death of the decedent and upon proof satisfactory to him that they are without value. The public administrator and the city of New York shall not be liable or held to account for such property. S 1127. Disposition of records after 10 years The public administrator is authorized to destroy the file and all of the papers relating to a decedent after the lapse of 10 years from the completion of the administration of his estate. The public administrator and the city of New York shall not be liable or held to account for such action. S 1128. Administrative board for the offices of the public administrators 1. An administrative board for the offices of the public administrators of the state of New York is hereby created. The board shall consist of thirteen members of whom five shall be surrogate court judges, one each selected by the presiding justice of the appellate divisions of the first, third and fourth departments and two selected by the presiding justice of the appellate division of the second department of whom one shall be a surrogate from a county within the city of New York and one shall be a surrogate from a county outside the city of New York, three members shall be selected by the chief administrative judge of the state of New York, two members shall be selected by the president of the New York state bar association of whom one shall be a resident of the city of New York and one member each shall be selected by the state comptroller, the attorney general and the president of the New York state surrogates` association. The three members selected by the chief administrative judge of the state of New York, and the members selected by the state comptroller, the attorney general, and the president of the New York state bar association, shall not be surrogate court judges or employees of the surrogates court. Each member shall serve without compensation but shall be reimbursed for expenses actually and necessarily incurred in the performance of his or her official duties for the board from the moneys appropriated to the office of court administration. Notwithstanding any inconsistent provisions of this or any other law, general, special or local, no officer or employee of the state or any public corporation, as defined in article two-A of the general construction law, shall be deemed to have forfeited or shall forfeit his or her office or employment or any benefits provided under the retirement and social security law or under any public retirement system maintained by the state or any of its subdivisions by reason of his or her being a member of the board. 2. The board shall establish guidelines and uniform fee schedules for the operation of the offices of public administrators. These guidelines shall include but are not limited to rules for the initial inspection of the decedent`s premises and guidelines for the selection and compensation of investigators, appraisers, accountants, warehouses, auctioneers and procedures for the disposal of personal property. With respect to real property the board shall be responsible for preparing uniform procedures for sale; fixing a schedule of approved expenses attendant to such a sale; appraisals, title fees and broker`s commissions. This section shall apply to article twelve of this act.