EPTL § 13-3.4

Payment or delivery of property to foreign fiduciaries  ·  as in force on May 31, 2026

§ 13-3.4 Payment or delivery of property to foreign fiduciaries

(a) Whenever any foreign fiduciary, by whatever title he is designated, of the property or estate of a non-domiciliary infant, incompetent or decedent is authorized, by the laws of the foreign jurisdiction where the infant or incompetent is domiciled or the decedent was domiciled, to receive any personal property in the possession or control of any person or fiduciary in this state, such person or fiduciary may pay or deliver the property to such foreign fiduciary without an order of the court, and the receipt and acquittance from such foreign fiduciary is a sufficient release and discharge of the person or fiduciary paying or delivering such property. For purposes of this section the status of a person as an "infant" or "incompetent" shall be determined by the law of his domicile.

(b) No person or fiduciary shall be released and discharged, as provided in paragraph (a), who:

(1) Has received written notice of the appointment, in this state, of a principal or ancillary representative of the property or estate, or of the existence of creditors, in this state, of such infant, incompetent or decedent.

(2) In the case of a testamentary disposition or a distributive share of a decedent's estate, has reason to believe that such foreign fiduciary or the persons whom he represents would not have the benefit, use or control of such disposition or distributive share.

Official sourcehttps://www.nysenate.gov/legislation/laws/EPT/13-3.4

In plain English

A person holding New York personal property of a non-domiciliary infant, incompetent or decedent may hand it to the foreign fiduciary authorized by the domicile's law.

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 1 — The Surrogate's Court in Plain English; Volume 3 — The Surrogate's Court: Court Rules & the EPTL; Volume 5 — Your Career: Surrogate's Court in Plain English.