Administrative Agencies - Administering the Administration Proceeding
The responsibility of the Administrative Agencies falls under the executive branch of the New York State Government. These agencies are responsible for creating primary law which governs or controls certain proceedings in the state. The scope of each agency's power is provided for by an enabling statute. Each administrative department can only make law and regulations that are in the power of that agency. The state register which is found in the New York Code, Rules and Regulations is the place where these rules are found for each individual agency. The rules differ from statutory authority in that the rules are more detailed and specialized when compared to the broad covering of a statute. The rule making process is governed by the State Administrative Procedure Act. In New York, there is not a direct administrative agency that deals with administering an estate or the process of administration. There are a few agencies that have a direct impact on estate administration and must be taken into consideration.
The Department of Taxation & Finance
The Department of Taxation & Finance is the major agency that has an impact on estate administration. They are responsible for promulgating rules regarding estate taxation which has an effect on estate administration. The Department of Taxation & Finance is located under Title 20 of the NYCRR. Chapter II, Sub-chapter G deals expressly with the estate tax and taxation. A guide to the estate tax can be located at http://www.tax.ny.gov/pit/estate/etidx.htm.
The Department of Audit and Control
The Department of Audit and Control, located under Title Two of the NYCRR, has impact on the estate when is is administered by a public administrator. This regulated the public administrator when he or she must provide a report of an open estate in New York.
The Department of Health & The Department of Mental Hygiene
Both The Department of Health and the Department of Mental Hygiene do not have direct rules regarding the administration of an estate. The do however hove rules that may affect how an estate is handled.
The Department of Taxation & Finance
The Department of Taxation & Finance is the major agency that has an impact on estate administration. They are responsible for promulgating rules regarding estate taxation which has an effect on estate administration. The Department of Taxation & Finance is located under Title 20 of the NYCRR. Chapter II, Sub-chapter G deals expressly with the estate tax and taxation. A guide to the estate tax can be located at http://www.tax.ny.gov/pit/estate/etidx.htm.
The Department of Audit and Control
The Department of Audit and Control, located under Title Two of the NYCRR, has impact on the estate when is is administered by a public administrator. This regulated the public administrator when he or she must provide a report of an open estate in New York.
The Department of Health & The Department of Mental Hygiene
Both The Department of Health and the Department of Mental Hygiene do not have direct rules regarding the administration of an estate. The do however hove rules that may affect how an estate is handled.