SCPA § 2221

Payment of legacy or distributive share to foreign fiduciary 1 · as in force on May 31, 2026

§ 2221. Payment of legacy or distributive share to foreign fiduciary

1. Where a beneficiary of an estate is entitled to money or property within the jurisdiction of the court and such beneficiary is a non-domiciliary infant, incompetent, conservatee or decedent, payment or delivery thereof may be directed by the court to the fiduciary, committee or conservator, by whatever title such foreign fiduciary may be designated, of the property or estate of the non-domiciliary infant, incompetent, conservatee or decedent, upon proof satisfactory to the court that the foreign fiduciary is entitled to receive such money or property in accordance with the terms and conditions of EPTL 13-3.4 and that the fiduciary, committee or conservator has filed at the domicile security sufficient to cover such payment or delivery or that no security is required at the domicile of the beneficiary. In the case of a deceased beneficiary there shall be submitted proof that he has no known creditors within this state.

2. The court may direct such payment or delivery in a decree judicially settling the account of a fiduciary or in an order entered upon the application of the fiduciary holding such money or property for distribution or of the foreign fiduciary, committee or conservator.

Official sourcehttps://www.nysenate.gov/legislation/laws/SCP/2221

In plain English

Paying a share to a foreign (out-of-state) fiduciary.

(1) When a beneficiary entitled to property here is a non-domiciliary minor, incompetent, conservatee or decedent, the court may order it paid to their home-jurisdiction fiduciary, committee or conservator, whatever its title. The court must be satisfied that the foreign fiduciary is entitled to receive it under EPTL 13-3.4, and that they posted enough security at the domicile (or that none is required there). ★ For a deceased beneficiary, there must be proof of no known New York creditors.
(2) The court may direct this in a decree settling a fiduciary's account, or by order on the application of the fiduciary holding the property or of the foreign fiduciary.

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.