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THE SUFFOLK LAWYER THE OFFICIAL PUBLICATION OF THE SUFFOLK COUNTY BAR ASSOCIATION Social Networks and the Rights of Employees DEDICATED TO LEGAL EXCELLENCE SINCE 1908 By Gary Steffanetta and Nancy
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What is the Surrogate's Court Procedure Act 2307?
SCPA § 2307 outlines the statutory guidelines of “Costs, Allowances and Commissions” of fiduciaries other than Trustees. This includes your Executor, your chosen Representative who shall oversee the Probate process over your Last Will and Testament.
What is Section 2309 of the New York Surrogate's Court Procedure Act?
Section 2309 of the New York Surrogate's Court Procedure Act (“SCPA”) sets forth the computation of commissions payable to trustees. Under the statute, Trustees receive commissions on the amount of property paid out and annually. However, keep in mind that the trust agreement can override the statute.
What is Surrogate's Court Procedure Act 1414?
The Surrogate's Court must appoint the executor and issue letters for the executor to have legal authority. The letters testamentary along with a death certificate are typically what are needed to complete banking, real estate transactions, distributions, and other activities on behalf of the estate.
What is the executor commission in NY SCPA?
Under the New York Surrogate's Court Procedure Act §2307 (“SCPA”), executor fees are based on the value of the probate estate and range between 2% and 5% of the value of applicable assets received and paid out.
What is New York Surrogate's Court Procedure Act 707?
Proc. Act § 707. one who does not possess the qualifications required of a fiduciary by reason of substance abuse, dishonesty, improvidence, want of understanding, or who is otherwise unfit for the execution of the office.
What jurisdiction does NY Surrogate's Court have?
In New York State, the Surrogate's Court maintains jurisdiction over all actions and proceedings relating to the affairs of decedents.
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What is scpa 2307 a?
SCPA 2307-a is a provision under the Surrogate's Court Procedure Act in New York that allows a fiduciary to obtain a release from liability for any transactions conducted on behalf of an estate.
Who is required to file scpa 2307 a?
Fiduciaries, such as executors and administrators of estates, are required to file SCPA 2307-a when they wish to seek a release from liability for acts performed in their official capacity.
How to fill out scpa 2307 a?
To fill out SCPA 2307-a, the fiduciary must provide information about the estate, the transactions conducted, details of the beneficiaries, and any other required disclosures as specified in the form.
What is the purpose of scpa 2307 a?
The purpose of SCPA 2307-a is to protect fiduciaries from personal liability for actions taken in good faith while managing an estate, thereby ensuring fiduciaries can act without fear of personal repercussions.
What information must be reported on scpa 2307 a?
Information that must be reported on SCPA 2307-a includes the fiduciary's name and contact information, details of the estate, a summary of transactions undertaken, and information about the beneficiaries.
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