IN RE: the Judicial Settlement of the Account of Proceedings of Lois M. Rosenblatt (2023)

The account proceeding of the temporary ancillary administrator of decedent's estate requests that an instrument dated April 13, 1951 be admitted to probate and the issuance of letters of administration c.t.a. be issued to her. The unopposed petition is granted as follows:

Upon the evidence presented, the Court finds that the decedent's will dated April 13, 1951 was admitted to probate in the Surrogate's Court, Morris County, New Jersey on July 12, 1951, and letters testamentary issued to Frederick W. Claus. Pursuant to New Jersey Court Rule 4:85-1, the will is no longer subject to contest.

On December 4, 1951, the Surrogate's Court Queens County signed an "Order For Admission to Record of Foreign Will" to enable the executor to transfer decedent's real property located at 60-28 55th Street, Maspeth, New York to the devisees named in the aforementioned will. Frederick W. Claus, however, died without completing the transfer of decedent's interest in said property.

In December of 2019 the Public Administrator of Queens County petitioned for and obtained temporary ancillary letters of administration. Thereafter she proceeded to sell the real property and administer the estate. In July, 2022 the temporary ancillary administrator commenced the instant proceeding to judicially settle her account; to have the will admitted to probate; to revoke the temporary ancillary administrator's letters issued to petitioner, and to be appointed administrator, c.t.a. of the decedent's estate.

While an ancillary administrator would ordinarily send the New York funds directly to the primary fiduciary in the decedent's domicile (see Margaret V. Turano, Prac. Commentaries, McKinney's Cons. Laws of NY, SCPA 1610), SCPA § 1610 (3) permits the Court to direct the ancillary fiduciary to distribute the remaining assets after the payment of creditors and expenses to those entitled thereto. In the instant matter, the ancillary administrator has fully accounted to all interested parties, including all of the descendants of the legatees, and there appears to be no creditors or estate debts in decedent's domicile. It would appear that direct distribution under SCPA § 1610 would avoid double expenses and would be more just and convenient, obviating the need to send the funds to a new fiduciary to be appointed in New Jersey, original probate in New York, and the appointment of an administrator c.t.a. in New York. Accordingly, those branches of the petition are denied as moot.

Pursuant to SCPA § 1610 (3), petitioner shall distribute the net proceeds of decedent's estate in accordance with the terms of the will and as set forth in her petition.

Submit decree.

Dated: March 17, 2023

Peter J. Kelly, J.