New York Assembly Bill A08760

New York 2025-2026 Regular Session

• Introduced: 6/2/25
• Refer: 6/2/25
• Refer: 1/7/26

Caption

Removes being unable to read and write the English language as a reason a court may declare someone ineligible to act as a fiduciary.

Summary

A08760 amends section 707 of the Surrogate’s Court Procedure Act, which governs who may be found ineligible to serve as a fiduciary in New York. The bill removes the provision that allowed a court, in its discretion, to declare a person ineligible solely because they are unable to read and write the English language. Under the bill, the remaining discretionary disqualification would apply to an individual convicted of a felony only where the crime may be adverse to the welfare of the estate, such as embezzlement, misappropriation of money, or breach of fiduciary duty. In practical terms, the bill narrows the grounds on which a court may bar someone from serving as executor, administrator, guardian, trustee, or other fiduciary role in Surrogate’s Court matters. It shifts the focus away from language ability and toward conduct that directly relates to honesty, financial responsibility, and trustworthiness in handling an estate or similar property interests.

Impact

The bill would amend the Surrogate’s Court Procedure Act, section 707, by deleting English literacy as a discretionary basis for fiduciary ineligibility. It would leave intact the court’s ability to disqualify certain felons whose offenses suggest a risk to the estate, especially crimes involving theft, fraud, or breach of fiduciary duty. The change would affect probate and estate administration proceedings, as well as parties seeking appointment as fiduciaries in New York Surrogate’s Court.

Sentiment

No committee transcript or vote record is available, so there is no direct evidence of support or opposition in the provided materials. Based on the bill text and caption, the measure appears to be framed as a narrowing, anti-discrimination change that removes a language-based barrier to serving as a fiduciary while preserving court discretion for financially relevant misconduct. The overall tone of the proposal suggests a reform-oriented approach focused on access and fairness.

Contention

The main point of contention is likely the removal of English literacy as a factor in fiduciary eligibility. Supporters would likely view that requirement as outdated and unnecessarily exclusionary, especially in a diverse state with many multilingual residents. Opponents, if any, might argue that inability to read and write English could still create practical difficulties in administering estates, though the bill preserves judicial discretion to exclude people whose criminal history indicates a real risk to the estate. The remaining felony-based disqualification language suggests the bill tries to balance inclusion with protection of estate assets.