SCPA 1912 addresses what happens to a pending or partially executed disposition proceeding if the fiduciary dies, is removed, or is disqualified.
Statutory Text
§ 1912. Effect of death of fiduciary
1. In the event of the death, removal or disqualification of all of the fiduciaries before the granting of an order directing disposition of the real property their successor must be substituted and the proceeding shall continue by or against the successor.
2. In the event of such death, removal or disqualification after the granting of the order but before the complete execution thereof the successor must proceed without further order to complete all unfinished matters as were required of his predecessors.
3. The successor must give such security for the performance of his duties as the court may require.
4. If no successor is appointed the court may make an order authorizing the fiduciary of the last surviving fiduciary, on giving such security as the court may require, to continue the proceeding or to complete all unfinished matters as were required of the fiduciary.
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