SCPA § 710

Objections which require bond from fiduciary not otherwise required to file bond 1 · as in force on May 31, 2026

§ 710. Objections which require bond from fiduciary not otherwise

required to file bond

1. No bond shall be required of an executor unless required by the will or by 806 or by this section.

2. A person named as executor or a testamentary guardian or trustee who is not required by the will to give a bond, shall be entitled to letters by giving a bond as prescribed by law, although an objection has been established to the satisfaction of the court that the person is a non-domiciliary.

3. If after the issuance of letters, a fiduciary not required by will to give a bond, who is a citizen of the United States, has become a non-domiciliary, he may be required to give a bond in an amount to be fixed by the court, upon objection filed and proof taken.

4. No fiduciary shall remove property of the estate without the state without the prior approval of the court and upon filing a bond if required by the court.

Official sourcehttps://www.nysenate.gov/legislation/laws/SCP/710

In plain English

An otherwise bond-exempt fiduciary may have to post a bond in specified circumstances.

(1) An executor generally does not need a bond unless the will, § 806, or this section requires one.
(2) A named executor, testamentary guardian, or trustee not required by the will to bond may still receive letters by posting the legally prescribed bond despite a sustained non-domiciliary objection. ★
(3) If a United States-citizen fiduciary becomes a non-domiciliary after receiving letters, the court may, after objection and proof, require a bond in an amount the court sets.
(4) A fiduciary may not remove estate property from New York without prior court approval and any court-required bond. ★

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.