{"jurisdiction": "us-ny", "code": "scpa", "section": "2102", "citation": "SCPA § 2102", "heading": "Proceedings for relief against a fiduciary A proceeding may be commenced to require a fiduciary: 1", "text": ["§ 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_source": "https://www.nysenate.gov/legislation/laws/SCP/2102", "from_official_api": true, "plain_english": "Proceedings to make a **fiduciary** act. A petitioner can ask the court to order a fiduciary to:\n- **(1)** give **information** about the estate that bears on the petitioner's interest, after the fiduciary ignored a **written request**; ★\n- **(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;\n- **(3)** pay **reasonable funeral expenses**, after reserving for administration expenses, if funds are available;\n- **(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;\n- **(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**;\n- **(6)** follow the court's directions when **co-fiduciaries disagree**.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/scpa/2102", "publisher": "Elyphived LLC"}