N.Y. EPT Law § 13-2.3 — New York Code / Act EPT / Article 13 / Part 2 / Section 13-2.3
Powers of attorney in relation to decedents' estates required
Status: in_force

§ 13-2.3 Powers of attorney in relation to decedents' estates required\n           to be in writing and recorded\n  (a) Every power of attorney relating to an interest in a decedent's\nestate and every conveyance or assignment of an interest in an estate,\nor similar instrument, which contains an express or implied\nauthorization or delegation of power to act thereunder shall be in\nwriting and acknowledged or proved in the manner prescribed by the laws\nof this state for the recording of a conveyance of real property and,\nsubject to the rules or order of the surrogate hereinafter provided,\nshall be recorded in the office of the surrogate granting letters on\nsuch decedent's estate or, if no such letters have been granted, in the\noffice of the surrogate having jurisdiction to grant them. Such\nrecording confers on the surrogate jurisdiction over the grantor of such\npower of attorney, the attorney in fact therein named and any other\nperson acting thereunder. No attorney in fact named in any power of\nattorney or in such other instrument nor any person acting thereunder\nshall perform any act under such instrument unless it has been duly\nrecorded.\n  (b) The surrogate may:\n  (1) Prescribe by rules of court or by order, consistent with the\nprovisions of this section, the form, content, manner of execution and\nthe conditions attached to the recording of every such instrument.\n  (2) Inquire into and determine the validity of every such instrument\nand require proof of the amount of compensation or expenses charged or\nto be charged by the attorney in fact and every person acting\nthereunder.\n  (3) In a proceeding authorized by SCPA 2112 or in any appropriate\nproceeding, fix and determine the validity and reasonableness of such\ncompensation and expenses, whether or not the same have been previously\nfixed by agreement and whether or not fixed in the instrument so\nrecorded, or otherwise.\n  (4) Prescribe regulations and exact a bond or undertaking to assure\nthe payment of funds to the principal.\n  (c) Notwithstanding any provision contained therein, no power of\nattorney or other instrument which designates an agent to act for the\nprincipal shall be irrevocable, nor shall any agreement for the\ncompensation of, or the payment of expenses by the attorney in fact or\nother person acting under the instrument create a power coupled with an\ninterest in the subject matter of the agency or render the instrument\nirrevocable.\n  (d) Nothing contained herein shall authorize the practice of law by an\nattorney in fact or other person acting under an instrument described in\nthis section, who is not an attorney duly licensed to practice law in\nthe state of New York.\n  (e) Notwithstanding the provisions of any other statute or rule, no\ninstrument containing a delegation of powers, assignment of interest,\nfee arrangement, or any instrument of like import created for the\npurpose of participating on behalf of an individual in any application\nseeking the recovery of property pursuant to section fourteen hundred\nsixteen of the abandoned property law or section thirteen hundred ten of\nthe surrogate's court procedure act, nor any power of attorney, shall be\naccepted for filing or recording by the surrogate's court of a\nparticular county unless the amount at issue is in excess of one\nthousand dollars or a fiduciary, as that term is defined by subdivision\ntwenty-one of section one hundred three of the surrogate's court\nprocedure act, has been appointed, or a proceeding for the appointment\nof a fiduciary is pending in such court. The provisions of paragraph (b)\nof this section shall apply to all instruments eligible for filing and\nrecording hereunder.\n