2006 New York Code - Powers Before Issuance Of Letters



 
  § 1212.  Powers before issuance of letters
    Before  letters  are  issued  to  him and subject to the provisions of
  section 1128 of this act the public administrator is authorized to
    1.   Take possession of, collect  and  secure  the  personal  property
  within  his  county  of  any  person  who shall die intestate or testate
  either within this state or elsewhere or  whose  property  shall  arrive
  within  the  county after his death whenever there is no person eligible
  to act as fiduciary of an intestate or of a  testator  if  the  executor
  named  in  the  will  refuses  or  neglects  to act or is dead or if his
  whereabouts are unknown or if he is not eligible to receive letters.
    2.   Take possession of, manage and collect  the  rents  of  the  real
  property  of  an  intestate  whose  distributees  are  unknown  or whose
  distributees, if known, are non-domiciliaries, or of a testator, if  the
  executor  named  in the will refuses or neglects to act or is dead or if
  his whereabouts are unknown or if he is not eligible to receive letters.
    3.  Make necessary funeral arrangements for the decedent  and  to  pay
  the reasonable charges therefor.
    4.  Institute an inquiry as provided by 1216.
    5.   Sell, as and when authorized by the court, perishable property or
  such other property of the decedent as the preservation  of  the  estate
  requires.
    6.    Defray the expenses of the foregoing activities and the expenses
  incidental to his application for letters.

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