🔑 NY SCPA 2102 Proceedings For Relief Against a Fiduciary

SCPA 2102 is one of the “miscellaneous proceedings” in New York Surrogate’s Court practice. In plain terms, it authorizes a summary proceeding to compel a fiduciary to do specific things—often without waiting for a full accounting.

This post is a practical, statute-first map of what SCPA 2102 covers (and what it doesn’t).

The statute (SCPA 2102)

§ 2102. Proceedings for relief against a fiduciary

A proceeding may be commenced to require a fiduciary:

1. To supply information concerning the assets or affairs of an estate relevant to the interest of the petitioner when the fiduciary has failed after request made upon him in writing therefor.

2. To set apart and turn over exempt property to which a spouse or child is entitled or if it has been lost, injured or disposed of to pay the value thereof or the amount of injury thereto.

3. After reservation for the payment of the expenses of administration to pay the reasonable funeral expenses of a decedent if there are funds available for such payment.

4. To pay a claim which has been allowed, to deliver a specific bequest or property to a person entitled thereto or to pay a legacy, distributive share, interest in a trust or a claim for an administration expense, and when a trustee is unable to deliver personal property to the person entitled, to pay the value thereof.

5. To pay in advance to any beneficiary of an estate all or part of any beneficial interest to which he is entitled when the property of the estate applicable to the payment of debts, legacies and expenses exceeds by at least one-third the amount of all known claims, legacies having priority and beneficial interests of the same class and the beneficiary needs such payment for his support or education or of his family.

6. To comply with such directions as the court may make whenever two or more fiduciaries disagree with respect to any issue affecting the estate.

7. [Repealed]

Practical takeaways by subdivision