Proceedings thereupon If it shall be determined that the petition should be granted, an intermediate order may be entered forthwith or at... · as in force on May 31, 2026
§ 716. Proceedings thereupon
If it shall be determined that the petition should be granted, an intermediate order may be entered forthwith or at any time during the pendency of the proceeding, permitting the petitioner to resign, revoking his or her letters, or removing him or her, appointing a successor, and directing the resigning fiduciary to turn over all assets in his or her hands to his or her successor and settle his or her account judicially or informally. The proceedings thereupon, whether or not the letters of the petitioner be revoked or he or she be removed, must be the same as upon a petition for the judicial settlement of the petitioner's account, except that the successor fiduciary, if one shall have been appointed, shall be a necessary party to it. Upon the resigning fiduciary fully accounting and paying over all money which is found to be due from him or her and delivering over all books, papers and other property in his or her hands to his or her successor, or in such manner as the court directs, a decree may be made discharging him or her accordingly.
If resignation should be granted, the court may enter an intermediate order allowing resignation, revoking letters or removing the fiduciary, appointing a successor, ordering transfer of all assets, and directing settlement of the account. ★ The matter follows the procedure for judicial settlement of the fiduciary’s account, and any appointed successor is a necessary party. After the resigning fiduciary fully accounts, pays all money due, and transfers all books, papers, and other property as directed, the court may discharge the 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.
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.