S4342

The New York State Senate passed Senate Print 4342, sponsored by Sen. Sepúlveda, which amends the Surrogate's Court Procedure Act to allow non-relatives of a decedent to become estate administrators. The bill passed 44-17 on a roll call vote. Sen. Canzoneri-Fitzpatrick led opposition to the measure, arguing that non-related administrators lack accountability safeguards such as bond requirements and may not act in the best interests of the decedent's family. She noted that public administrators already exist in every county to handle estates when no qualified family members are available. The bill takes effect 30 days after becoming law.

The New York State Senate passed legislation amending the Surrogate's Court Procedure Act on a 43-18 vote, despite concerns from opponents that the bill would enable fraud targeting vulnerable families settling small estates. Sponsored by Senator Sepúlveda, the measure would allow unrelated adults who are not distributees to act as fiduciaries in small estate matters. Opponents, including Sen. Borrello and Sen. Canzoneri-Fitzpatrick, a 25-year trusts and estates attorney, warned the bill would create opportunities for con artists to charge fees to families already struggling financially. Canzoneri-Fitzpatrick noted that public administrators already exist in every county to serve this function and that fiduciary law is already rampant with abuse. She said she had requested an amendment during committee that the sponsor declined to accept. Borrello compared the potential for abuse to existing scams targeting small estate holders. Despite the opposition, the bill advanced with support from 43 senators.