New York Surrogate's Court Procedure - Article 7 - § 702 Limited and Restrictive Letters
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New York Laws > New York Surrogate's Court Procedure (SCP) > New York Surrogate's Court Procedure - Article 7 - § 702 Limited and Restrictive Letters
§ 702. Limited and restrictive letters
Letters may be granted limiting and restricting the powers and rights
of the holder thereof:
1. To the enforcement or prosecution of a cause of action in favor of
the decedent or his fiduciary under general or special provisions of
law, to the defense of any claim or cause of action against a decedent
or his fiduciary, and restraining the fiduciary from compromise of the
action or the enforcement of a judgment recovered therein until the
further order of the court and the filing of satisfactory security if
2. Where it is impracticable to give a bond in the full amount
required by statute, to receiving and administering only the property
which the court may specify, and restraining him from receiving or
administering other property until further order of the court.
3. To the adjustment, settlement, satisfaction or discharge of any
claim in favor of or against the decedent or his fiduciary.
4. To the performance of any act required in order to discharge the
estate of a decedent from liability.
5. To an account in behalf of the decedent for the performance by him
of any trust or other responsibility.
6. To the completion of any transfer made by a decedent or his
fiduciary and to the execution of any instruments confirming any
transfer so made.
7. To the appearance in and conduct of an action in which a decedent
or his fiduciary is a necessary or proper party.
8. In the discretion of the court, to represent the estate in a
transaction in which the acting fiduciary could not or should not act in
his or her fiduciary capacity because of conflict of interest.
9. To commence and maintain any action or proceeding against the
fiduciary, in his or her individual capacity, or against anyone else
against whom the fiduciary fails or refuses to bring such a proceeding.
10. To any other purpose or act deemed by the court to be appropriate
or necessary in respect of the affairs of the estate, the protection
thereof or to the proper administration thereof.
In any case where limited and restrictive letters are granted the
court may reduce the amount of security otherwise required or dispense
therewith according to the circumstances.
Any letters may contain appropriate recitals restraining the holder
from doing any such acts or exercising any such powers as may be
specified therein until the further order of the court and upon the
filing, if ordered, of satisfactory security. The issuance of limited or
restrictive letters under this section may be in addition to the
issuance of general letters or other, limited or restrictive letters.
Section: Article 7 701 702 703 704 705 706 707 708 709 710 711 712 713 714
Last modified: February 18, 2012