N.Y. Comp. Codes R. & Regs. tit. 2 § 71.1

Current through Register Vol. 46, No. 36, September 4, 2024

Section 71.1 - Report of open estates

(a) Whenever the estate of a decedent is being administered by a public administrator pursuant to article 12 of the Surrogate's Court Procedure Act or by a chief fiscal officer of a county who either is appointed administrator of an estate pursuant to section 1219 of the Surrogate's Court Procedure Act or is acting as voluntary administrator pursuant to article 13 of the Surrogate's Court Procedure Act, and such estate has not been fully distributed nor a final accounting filed with petition for settlement with the appropriate Surrogate's Court, the estate representative shall annually in the month of January file a report of open estates with the Office of the State Comptroller, covering every open estate in which permanent letters were issued to such representative or in which an affidavit has been filed by such representative pursuant to section 1304 of the Surrogate's Court Procedure Act, on or before the preceding December 31st. The report of open estates shall be prepared on a form prescribed by the Office of the State Comptroller and shall require the name of the estate, the date letters were granted or affidavit filed, the amount of the gross estate, the amount undistributed, reasons why the final distribution of the estate has not been made, the anticipated estate closing date and such additional information as the State Comptroller may deem warranted. If there are no such open estates, a report must, nevertheless, be filed by the public administrator of chief fiscal officer indicating that no estates are open. As used in this Part, the term public administrator shall mean the public administrator of any county in which the office of public administrator exists or any deputy public administrator or other individual who is performing the duties of the public administrator as provided for by law.

(b) Where a chief fiscal officer acting as administrator leaves office, resigns, or is removed from office, a report must be filed by the former administrator within 30 days from the date of leaving office, resignation or removal from office. In the event of the death or incapacity of the administrator, the report must be filed by the legal representative(s), if any, of the former administrator within 60 days of the appointment of such representative. A copy of any such report must also be filed with the successor in office to the chief fiscal officer. If there are no open estates, a report must, nevertheless, be filed by the legal representative(s), if any, of the former chief fiscal officer indicating that no estates are open.

(c) Failure to timely file any report provided for herein will be considered by the Comptroller as grounds for petitioning the surrogate of the county having jurisdiction, praying for a judicial settlement of the accounts of any such public administrator or chief fiscal officer of a county, pursuant to the provisions of section 8 (11) of the State Finance Law.

(d) The periods set forth in subdivisions (a) and (b) of this section are not intended to set a standard time for completion of estate administration, but rather to fix the times within which the Comptroller is to be informed of the status of open estates and to fix a period after which the Comptroller may inquire.

(e) This section shall not limit the power of the appropriate Surrogate's Court to direct an accounting at any time on its own initiative or on petition pursuant to section 2205 of the Surrogate's Court Procedure Act.

(f) No open estate shall be excluded from the applicability of the provisions of this section by virtue of the fact that permanent letters of administration were issued to the public administrator or chief fiscal officer acting as administrator prior to the effective date of this regulation.

N.Y. Comp. Codes R. & Regs. Tit. 2 § 71.1