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SCPA 1212 · Article 12. Public Administrators In the Counties of Erie, Monroe, Nassau, Onondaga, Suffolk and Westchester and County Treasurers Appointed Administrators

Powers before issuance of letters

Verbatim from the official edition

Text — Law content up to date as of September 18, 2026, as published by the New York State Senate (Open Legislation)

§ 1212. Powers before issuance of letters

Before letters are issued to him and subject to the provisions of section 1128 of this act the public administrator is authorized to

1. Take possession of, collect and secure the personal property within his county of any person who shall die intestate or testate either within this state or elsewhere or whose property shall arrive within the county after his death whenever there is no person eligible to act as fiduciary of an intestate or of a testator if the executor named in the will refuses or neglects to act or is dead or if his whereabouts are unknown or if he is not eligible to receive letters.

2. Take possession of, manage and collect the rents of the real property of an intestate whose distributees are unknown or whose distributees, if known, are non-domiciliaries, or of a testator, if the executor named in the will refuses or neglects to act or is dead or if his whereabouts are unknown or if he is not eligible to receive letters.

3. Make necessary funeral arrangements for the decedent and to pay the reasonable charges therefor.

4. Institute an inquiry as provided by 1216.

5. Sell, as and when authorized by the court, perishable property or such other property of the decedent as the preservation of the estate requires.

6. Defray the expenses of the foregoing activities and the expenses incidental to his application for letters.

Source of truth

Edition
Law content up to date as of September 18, 2026, as published by the New York State Senate (Open Legislation)
Official file
https://legislation.nysenate.gov/pdf/laws/SCP1212
Text hash
sha256 351bb9652bec8a282db7e6d0a196821511193b1ba14845dd8d587e115fc26f4e
Composed by
gen_ny_statutes.py 2026-11-10: the Senate's Open Legislation law tree (GET /api/3/laws/<ID>?full=true) read in document order; the Senate's PDF of the whole law (GET /pdf/laws/<ID>?full=true), read with PDFium, prints the same words in the same order

Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.