NY Ment Hygiene L § 81.44 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 81 - Proceedings for Appointment of a Guardian for Personal Needs or Property Management 81.44 - Proceedings Upon the Death of an Incapicitated Person.

§ 81.44 Proceedings upon the death of an incapacitated person.  (a) When used in this section:   1.   "Statement   of   death"   means  a  statement,  in  writing  and acknowledged,  containing  the  caption  and   index   number   of   the guardianship  proceeding, and the name and address of the last residence of the deceased incapacitated person, the date and place of  death,  and the  names and last known addresses of all persons entitled to notice of further  guardianship  proceedings  pursuant  to  paragraph   three   of subdivision (c) of section 81.16 of this article including the nominated and/or  appointed  personal  representative,  if  any,  of  the deceased incapacitated person's estate.   2.  "Personal  representative"  means  a  fiduciary  as   defined   by subdivision twenty-one of section 103 of the surrogate's court procedure act  to  whom  letters have been issued and who is authorized to marshal the assets of the decedent's estate.   3. "Public administrator"  means  a  public  administrator  within  or without  the  city  of  New  York, as established by articles eleven and twelve of the surrogate's court  procedure  act,  or  the  chief  fiscal officer  of a county eligible to be appointed an administrator, pursuant to section twelve hundred nineteen of the  surrogate's  court  procedure act.  The role of the public administrator under this section is that of a stake holder or escrowee only, and the public administrator shall not, by virtue of this section, have a substantive role in administering  the estate.   4. "Statement of assets and notice of claim" means a written statement under  oath  containing the caption and index number of the guardianship proceeding, the name and address of the incapacitated person at the time of  death,  a  description  of  the  nature  and  approximate  value  of guardianship  property  at the time of the incapacitated person's death; with the approximate amount of any claims, debts or  liens  against  the guardianship  property, including but not limited to medicaid liens, tax liens and administrative costs,  with  an  itemization  and  approximate amount of such costs and claims or liens.  (b)  Unless otherwise directed by the court, all papers required to be served by this section shall be served by regular mail and by  certified mail return receipt requested.  (c)  Within  twenty  days of the death of an incapacitated person, the guardian shall:   1. serve a copy of the statement of death upon the court examiner, the duly appointed personal representative of the decedent's estate, or,  if no  personal  representative  has been appointed, then upon the personal representative named in the decedent's will or any trust instrument,  if known,  upon the local department of social services and upon the public administrator of the chief fiscal officer of the  county  in  which  the guardian was appointed, and   2. file the original statement of death together with proof of service upon  the  personal  representative and/or public administrator or chief fiscal officer, as the case may be, with the court which issued  letters of guardianship.  (d)  Within  one  hundred fifty days of the death of the incapacitated person, the guardian shall serve upon the personal representative of the decedent's estate or where there is no personal representative, upon the public administrator or chief fiscal officer, a statement of assets  and notice  of  claim, and, except for property retained to secure any known claim, lien or administrative costs  of  the  guardianship  pursuant  to subdivision (e) of this section, shall deliver all guardianship property to:    1.   the  duly  appointed  personal  representative  of  the  deceased incapacitated person's estate, or   2.  the  public  administrator or chief fiscal officer given notice of the filing of the  statement  of  death,  where  there  is  no  personal representative.   3.  any  dispute  as  to  the  size  of the property retained shall be determined by the surrogate court having jurisdiction of the estate.  (e) Unless otherwise ordered by the court upon motion by the  guardian on  notice  to  the  person  or  entity to whom guardianship property is deliverable, and the court examiner, the guardian  may  retain,  pending the  settlement  of  the guardian's final account, guardianship property equal in value to the claim for administrative costs, liens and debts.  (f) Within one hundred fifty days of the incapacitated person's death, the guardian shall file his or her final report with the  clerk  of  the court  of  the  county  in which annual reports are filed, and thereupon proceed to judicially settle  the  final  report  upon  such  notice  as required  by subdivision (c) of section 81.33 of this article, including notice to the person or entity to whom  the  guardianship  property  was delivered.  There  shall  be  no  extension  of the time to file a final report except by order of the court.  (g) Upon failure of the guardian to comply with  subdivisions  (d)  or (f)  of  this  section, any person entitled to notice of this proceeding may file a petition to compel the guardian to account, to suspend and/or remove the guardian, and to take and state the guardian's account.