Where a beneficiary of an estate is entitled to money or property within the jurisdiction of the court and such beneficiary is a non-domiciliary infant, incompetent, conservatee or decedent, payment or delivery thereof may be directed by the court to the fiduciary, committee or conservator, by whatever title such foreign fiduciary may be designated, of the property or estate of the non-domiciliary infant, incompetent, conservatee or decedent, upon proof satisfactory to the court that the foreign fiduciary is entitled to receive such money or property in accordance with the terms and conditions of EPTL 13-3.4 and that the fiduciary, committee or conservator has filed at the domicile security sufficient to cover such payment or delivery or that no security is required at the domicile of the beneficiary. In the case of a deceased beneficiary there shall be submitted proof that he has no known creditors within this state.

Terms Used In N.Y. Surrogate's Court Procedure Law 2221

  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Decedent: A deceased person.
  • Fiduciary: A trustee, executor, or administrator.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.


The court may direct such payment or delivery in a decree judicially settling the account of a fiduciary or in an order entered upon the application of the fiduciary holding such money or property for distribution or of the foreign fiduciary, committee or conservator.