N.Y. SCP Law § 2207 — New York Code / Act SCP / Article 22 / Section 2207
Accounting by fiduciary of deceased fiduciary, committee of incompetent fiduciary, or conservator of conservatee fiduciary 1
Status: in_force

§ 2207. Accounting by fiduciary of deceased fiduciary, committee of\n          incompetent fiduciary, or conservator of conservatee fiduciary\n  1.  Where a fiduciary dies the court has the same jurisdiction upon\nthe petition of any person required to be served upon a voluntary\njudicial settlement of the account of the deceased fiduciary to compel\nthe fiduciary of the deceased fiduciary to account which it would have\nagainst the deceased fiduciary.\n  2.  A fiduciary of a deceased fiduciary may voluntarily account for\nthe acts and doings of the deceased fiduciary and for the property of\nthe estate which had come into the possession of the latter, whether or\nnot such property has come into the hands of the fiduciary of the\ndeceased fiduciary, provided however, that the fiduciary of the deceased\nfiduciary shall not be accountable for such property except to the\nextent that he shall have assets of the estate of the deceased\nfiduciary.\n  3.  On the death of a fiduciary while an accounting by or against him\nas such is pending before the court, the court may continue the\nproceeding where his fiduciary or successor has voluntarily made himself\na party thereto or has been brought in by process, and proceed with the\naccounting and determine all questions and grant any relief which the\ncourt would have power to determine or grant in case such fiduciary had\nnot died or in case the fiduciary of the deceased fiduciary had\nvoluntarily petitioned for an accounting as provided in this section.\n  4.  On a petition filed by a fiduciary of a deceased fiduciary there\nshall be brought in the persons who would be necessary parties to a\nproceeding commenced by the deceased fiduciary for a judicial settlement\nof his accounts and also if a successor of the deceased fiduciary has\nbeen appointed, such successor or his fiduciary.\n  5.  If upon the accounting the court finds that there can be a\ndistribution in whole or in part to the parties entitled thereto it may\nmake a decree accordingly and may also therein direct payment and\ndelivery of the balance of the estate by the fiduciary of the deceased\nfiduciary upon such terms and security as it deems proper.  For the\npurpose of payment and distribution the fiduciary of the deceased\nfiduciary shall have all the powers and duties of the deceased\nfiduciary.\n  6.  Upon the settlement of the account the court may allow to the\nfiduciary of the deceased fiduciary reasonable compensation for any\nservice rendered by him to the estate accounted for.  The compensation\nso allowed plus any commissions retained by the deceased fiduciary or\npayable to his estate shall in no event exceed a full commission under\n2307, 2308 or 2309, whichever section is applicable to the type of the\ndeceased fiduciary.\n  7.  The court may grant to the fiduciary of a deceased fiduciary all\nof the rights and powers of the deceased fiduciary, subject to all of\nthe duties and liabilities of such deceased fiduciary.\n  8.  Every right granted by this section to or against the fiduciary of\na deceased fiduciary shall apply to a similar proceeding by or against\nthe committee of an incompetent fiduciary or the conservator of a\nconservatee fiduciary.\n