SCPA § 908

Settlement of temporary administrator's account of a decedent's estate 1 · as in force on May 31, 2026

§ 908. Settlement of temporary administrator's account of a decedent's

estate

1. When the time for presentation of claims as fixed by notice duly published has expired or when 7 months have elapsed since the issuance of letters of temporary administration on the estate of a decedent the court may direct a temporary administrator to account upon the application of the temporary administrator. The court upon its own initiative or upon the petition of a person interested, a public administrator, county treasurer or creditor, may direct a temporary administrator to account at any time.

2. Upon the settlement of his account the court may direct the temporary administrator of a decedent's estate to pay the decedent's funeral and administration expenses and direct the ratable distribution of the remaining assets in payment of the claims allowed or established as valid claims against the decedent. The court may direct the payment into court or the retention by the temporary administrator of whatever may remain of the assets of the personal estate of such decedent.

Official sourcehttps://www.nysenate.gov/legislation/laws/SCP/908

In plain English

The court may require a decedent’s temporary administrator to account and distribute available assets.

(1) On the administrator’s request, accounting may be ordered after the published claim period ends or 7 months after temporary letters issue; the court may order one at any time on its own or on an interested person’s, official’s, or creditor’s petition. ★
(2) On settlement, the court may order funeral and administration expenses paid, valid claims paid ratably, and any balance paid into court or retained. ★

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.