SCPA § 2102

Proceedings for relief against a fiduciary A proceeding may be commenced to require a fiduciary: 1 · as in force on May 31, 2026

§ 2102. Proceedings for relief against a fiduciary

A proceeding may be commenced to require a fiduciary:

1. To supply information concerning the assets or affairs of an estate relevant to the interest of the petitioner when the fiduciary has failed after request made upon him in writing therefor.

2. To set apart and turn over exempt property to which a spouse or child is entitled or if it has been lost, injured or disposed of to pay the value thereof or the amount of injury thereto.

3. After reservation for the payment of the expenses of administration to pay the reasonable funeral expenses of a decedent if there are funds available for such payment.

4. To pay a claim which has been allowed, to deliver a specific bequest or property to a person entitled thereto or to pay a legacy, distributive share, interest in a trust or a claim for an administration expense, and when a trustee is unable to deliver personal property to the person entitled, to pay the value thereof.

5. To pay in advance to any beneficiary of an estate all or part of any beneficial interest to which he is entitled when the property of the estate applicable to the payment of debts, legacies and expenses exceeds by at least one-third the amount of all known claims, legacies having priority and beneficial interests of the same class and the beneficiary needs such payment for his support or education or of his family.

6. To comply with such directions as the court may make whenever two or more fiduciaries disagree with respect to any issue affecting the estate.

Official sourcehttps://www.nysenate.gov/legislation/laws/SCP/2102

In plain English

Proceedings to make a fiduciary act. A petitioner can ask the court to order a fiduciary to:

(1) give information about the estate that bears on the petitioner's interest, after the fiduciary ignored a written request; ★
(2) set aside exempt property owed to a spouse or child, or pay its value or the damage if it was lost, damaged or disposed of;
(3) pay reasonable funeral expenses, after reserving for administration expenses, if funds are available;
(4) pay an allowed claim, deliver a specific bequest, or pay a legacy, distributive share, trust interest or administration expense, or pay the value of personal property a trustee cannot deliver;
(5) make an advance payment to a beneficiary who needs it for support or education of themselves or their family, when estate assets exceed all known claims, priority legacies and same-class interests by at least one-third;
(6) follow the court's directions when co-fiduciaries disagree.

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.