SCPA 716 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 715 Application by fiduciary for permission to resign A fiduciary may present to the court at any time a petition praying that he or she be p... up ARTICLE 7 General Provisions Relating to Letters next SECTION 717 Suspension of powers of fiduciaries in war service 1 Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 716 Proceedings thereupon If it shall be determined that the petition should be granted, an intermediate order may be entered forthwith or at... Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 7 § 716. Proceedings thereupon If it shall be determined that the petition should be granted, an intermediate order may be entered forthwith or at any time during the pendency of the proceeding, permitting the petitioner to resign, revoking his or her letters, or removing him or her, appointing a successor, and directing the resigning fiduciary to turn over all assets in his or her hands to his or her successor and settle his or her account judicially or informally. The proceedings thereupon, whether or not the letters of the petitioner be revoked or he or she be removed, must be the same as upon a petition for the judicial settlement of the petitioner's account, except that the successor fiduciary, if one shall have been appointed, shall be a necessary party to it. Upon the resigning fiduciary fully accounting and paying over all money which is found to be due from him or her and delivering over all books, papers and other property in his or her hands to his or her successor, or in such manner as the court directs, a decree may be made discharging him or her accordingly.