N.Y. Comp. Codes R. & Regs. tit. 22 § 1963.3

Current through Register Vol. 46, No. 53, December 31, 2024

Section 1963.3 - Administration

1. If the petition for letters of administration sets forth a cause of action for personal injury or wrongful death as an asset of the estate, the court follows the common practice of restricting letters to provide that the administrator be prohibited from compromising or collecting the proceeds from such cause of action without further order of the court. In addition, the court requires that the petitioner and the petitioner's attorney both file separate affidavits stating that they will not compromise, or collect proceeds of the cause of action without further order of the court.

2. In order to dispense with the necessity of a bond pursuant to SCPA section 805, the petitioner for letters of administration must not only submit the unanimous acknowledged consent of all distributees but also a copy of a paid funeral bill.

3. Absent a showing of special circumstances, the court will not entertain a petition for letters of administration where the sole asset of the estate is title to real property which in theory passes by operation of law without the necessity of letters of administration.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 1963.3