SCPA 2102 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 2101 General provisions Unless otherwise indicated 1 up ARTICLE 21 Miscellaneous Proceedings next SECTION 2103 Proceeding by fiduciary to discover property withheld or obtain information 1 Viewing most recent revision (from 2014-12-26) View historical revision as of: -- Choose a Date -- 2014-12-26 2014-10-24 2014-09-22 Share Facebook Email SECTION 2102 Proceedings for relief against a fiduciary A proceeding may be commenced to require a fiduciary: 1 Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 21 § 2102. Proceedings for relief against a fiduciary A proceeding may be commenced to require a fiduciary: 1. To supply information concerning the assets or affairs of an estate relevant to the interest of the petitioner when the fiduciary has failed after request made upon him in writing therefor. 2. To set apart and turn over exempt property to which a spouse or child is entitled or if it has been lost, injured or disposed of to pay the value thereof or the amount of injury thereto. 3. After reservation for the payment of the expenses of administration to pay the reasonable funeral expenses of a decedent if there are funds available for such payment. 4. To pay a claim which has been allowed, to deliver a specific bequest or property to a person entitled thereto or to pay a legacy, distributive share, interest in a trust or a claim for an administration expense, and when a trustee is unable to deliver personal property to the person entitled, to pay the value thereof. 5. To pay in advance to any beneficiary of an estate all or part of any beneficial interest to which he is entitled when the property of the estate applicable to the payment of debts, legacies and expenses exceeds by at least one-third the amount of all known claims, legacies having priority and beneficial interests of the same class and the beneficiary needs such payment for his support or education or of his family. 6. To comply with such directions as the court may make whenever two or more fiduciaries disagree with respect to any issue affecting the estate.