SCPA § 1308

Liability of voluntary administrator collecting assets 1 · as in force on May 31, 2026

§ 1308. Liability of voluntary administrator collecting assets

1. A voluntary administrator shall be answerable and accountable to all persons including creditors and distributees of the decedent, beneficiaries named in the will filed with the affidavit and to any fiduciary thereafter appointed, aggrieved by his administration of the decedent's estate under this article, in the same manner as now provided by this act concerning a fiduciary.

2. A voluntary administrator or other person who wilfully and knowingly makes a false affidavit in order to obtain personal property of the decedent as provided in this article, is subject to prosecution for perjury and upon conviction shall be punishable as provided by law in relation to such crime.

Official sourcehttps://www.nysenate.gov/legislation/laws/SCP/1308

In plain English

A voluntary administrator answers for the administration like any fiduciary, and a false affidavit is perjury.

(1) A voluntary administrator is answerable and accountable in the same way as a fiduciary to everyone aggrieved by the administration, including creditors, distributees, beneficiaries named in a will filed with the affidavit, and any fiduciary appointed later. ★
(2) A voluntary administrator or anyone else who wilfully and knowingly makes a false affidavit to obtain the decedent's personal property under this article may be prosecuted for perjury and, if convicted, punished as the law provides. ★

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 2 — The Surrogate's Court Procedure Act; Volume 5 — Your Career: Surrogate's Court in Plain English.