{"jurisdiction": "us-ny", "code": "scpa", "section": "1308", "citation": "SCPA § 1308", "heading": "Liability of voluntary administrator collecting assets 1", "text": ["§ 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_source": "https://www.nysenate.gov/legislation/laws/SCP/1308", "from_official_api": true, "plain_english": "A **voluntary administrator** answers for the administration like any fiduciary, and a false affidavit is perjury.\n- **(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**. ★\n- **(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. ★", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/scpa/1308", "publisher": "Elyphived LLC"}