Section 1213. General powers 1  


Latest version.
  • The  public  administrator  shall have all the powers specifically
      granted herein and also the powers given by law  to  a  fiduciary  of  a
      decedent's estate.
        2. In addition to the foregoing grant of powers and without limitation
      thereon  and subject to the provisions of section 1128 of this act he is
      authorized to
        (a) Sell at public auction  the  personal  property  of  the  decedent
      delivered  to  him  by  any  county officer or department, but such sale
      shall not be had until notice of the public auction shall  be  published
      once  a  week  for two consecutive weeks in a newspaper published in the
      county, the first publication to be not less than 20 days prior  to  the
      public auction.
        (b)  Retain  marketable  securities  beyond  4  months  after  he  has
      commenced to act as fiduciary of the estate when authorized to do so  by
      order of the court.
        (c)  File  in the court after the expiration of 7 months from the time
      he commences to act as fiduciary of the estate an informatory account in
      estates in which the gross value of the assets  accounted  for  is  less
      than  $5,000  and  a  copy  of such account shall be mailed by certified
      mail, return receipt requested, to  each  of  the  persons  entitled  to
      receive  process  upon  an  accounting proceeding provided the names and
      addresses of such persons be known to him. Unless objection or claim  be
      properly  filed  in the court within 30 days from mailing such account a
      final decree settling his account may be entered without further  notice
      or  proceedings  and with the same effect as in an accounting proceeding
      and he shall be  entitled  to  the  commissions,  costs  and  allowances
      allowed him by the court in the decree.
        (d)  Pay  for  the use and benefit of an infant distributee or legatee
      who has no guardian the share or legacy due him if not exceeding  $5,000
      by  payment  thereof  in  his  discretion  to  a  parent or to an adult,
      competent person with whom the infant resides.
        (e) Pay to the comptroller of the state of New York the balance of any
      moneys or other assets in his hands remaining after  settlement  of  his
      accounts, formally or informally, where payable to unknown persons or to
      known persons whose residences are unknown.
        (f) Apply ex parte or upon such notice as directed by the court for an
      order  or  decree  in  any  appropriate  proceeding requiring the county
      treasurer  to  return  to  the  public  administrator   any   money   or
      unliquidated  assets  theretofore  deposited by him and remaining in the
      treasury of the county for the account of unknown persons  or  of  known
      persons  whose domiciles are unknown and upon further order of the court
      to make distribution of such recovered funds  to  the  persons  entitled
      thereto.