EPTL § 7-6.19

Accounting by and determination of liability of custodian · as in force on May 31, 2026

§ 7-6.19 Accounting by and determination of liability of custodian

(a) A minor who has attained the age of fourteen years, the minor's guardian or legal representative, an adult member of the minor's family, a transferor, or a transferor's legal representative may petition the court (1) for an accounting by the custodian or the custodian's legal representative; or (2) for a determination of responsibility, as between the custodial property and the custodian personally, for claims against the custodial property unless the responsibility has been adjudicated in an action under 7-6.17 to which the minor or the minor's legal representative was a party.

(b) A successor custodian may petition the court for an accounting by the predecessor custodian.

(c) The court, in a proceeding under this part or in any other proceeding, may require or permit the custodian or the custodian's legal representative to account.

(d) If a custodian is removed under paragraph (f) of 7-6.18, the court shall require an accounting and order delivery of the custodial property and records to the successor custodian and the execution of all instruments required for transfer of the custodial property.

Official sourcehttps://www.nysenate.gov/legislation/laws/EPT/7-6.19

In plain English

Interested persons can make a custodian account, and the court can sort out who bears a claim.

(a) A minor 14 or older, the minor's guardian or legal representative, an adult family member, a transferor or a transferor's legal representative may petition for (1) an accounting by the custodian or its legal representative, or (2) a determination of responsibility between the custodial property and the custodian personally for claims, unless already adjudicated in a 7-6.17 action to which the minor or the minor's representative was a party.
(b) A successor custodian may petition for an accounting by the predecessor.
(c) In any proceeding, the court may require or permit the custodian or its representative to account.
(d) If a custodian is removed under 7-6.18(f), the court must require an accounting and order delivery of property and records to the successor and execution of all transfer instruments. ★

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.