In the manner provided in this section and in section 2206, the court may at any time, upon it appearing that it is for the best interests of the estate, make an order (a) requiring a fiduciary to file an intermediate or final account within such time and in such manner as directed by it, (b) suspending a fiduciary who being duly cited to account neglects to appear on the return of process without showing a satisfactory excuse therefore, or who fails to file an account within such time and in such manner as directed by the court, (c) appointing an eligible person to succeed a fiduciary whose letters have been suspended, (d) fixing a trial date for a hearing on the removal of a fiduciary whose letters have been suspended, (e) fixing a trial date to take and state an account on behalf of a fiduciary who fails to file such account or procure its settlement, and (f) granting such other and further relief as the court may direct.
Terms Used In N.Y. Surrogate's Court Procedure Law 2205
- Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
- Fiduciary: A trustee, executor, or administrator.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
2. The court may make an order as provided in subdivision one of this section either on its own initiative or on the petition of:
(a) a creditor, or
(b) a person interested, or
(c) a public administrator or county treasurer, or
(d) any person in behalf of an infant or child born after the making of the will when interested in the estate, or
(e) the fiduciary of a deceased person interested, or
(f) a surety on the bond of the fiduciary required to account, or
(g) a successor fiduciary or remaining fiduciary where letters of the predecessor or co-fiduciary have been revoked or the predecessor or co-fiduciary has been removed, or
(h) a co-fiduciary after he or she has filed his or her account and a petition for its judicial settlement, or
(i) the attorney-general of the state where any part of the estate may escheat to the state of New York.