Section 1207. Salary; commissions; retention of commissions 1  


Latest version.
  • Except as herein provided the public administrator shall receive
      an annual salary to be fixed by the board of supervisors of  his  county
      for the administration of all estates.
        2.    The  public  administrator  of the counties of Erie and Onondaga
      shall be entitled to retain from all moneys or property which come  into
      his  hands,  after  deducting all reasonable and necessary expenses, the
      same commissions as are now allowed by law to a fiduciary other  than  a
      trustee.    If  he be a licensed attorney-at-law he shall receive as his
      compensation, in addition to his commissions, the legal fees as attorney
      for the estate as  may  be  allowed  by  the  court  together  with  his
      reasonable  and  necessary  expenses  and disbursements which shall be a
      charge against the estate in each instance.
        3.  The public administrator of the county of Monroe, if he be a  duly
      licensed  attorney-at-law shall receive no salary and may act as his own
      counsel and shall receive as his compensation such  legal  fees  as  the
      attorney  of the estate as may be allowed by the court together with his
      reasonable and necessary expenses and disbursements  which  shall  be  a
      charge  against  the  estate  in  each instance.   If he shall not be an
      attorney-at-law  he  shall  be  compensated  as  is  provided   for   in
      subdivision 1.
        4.    On  the settlement of the account of the public administrator in
      each instance, except as provided in subdivisions 2 and 3 the court  may
      allow  his  reasonable  and  necessary expenses and disbursements and in
      addition, in the counties of Erie, Monroe, Nassau, Onondaga, Suffolk and
      Westchester, a reasonable amount for the expenses of his office,  to  be
      fixed by the court.  In addition thereto he shall be entitled to receive
      commissions on all moneys or property of any decedent or the proceeds of
      a  cause  of  action for wrongful death which may come into his hands as
      provided for a fiduciary other than a trustee.
        5.  Except as hereinabove provided the public administrator shall  not
      receive  to  his  own use any remuneration in addition to his salary for
      his services and he shall  pay  to  the  treasurer  of  his  county  all
      commissions  and  costs  received  by him.   Such payments shall be made
      monthly and shall be accompanied by a sworn statement in  such  form  as
      the  comptroller  of  his  county  shall prescribe showing in detail the
      commissions and costs received and allowed to him.