New York Codes, Rules and Regulations
Title 13 - DEPARTMENT OF LAW
Chapter V - CHARITABLE USES AND PURPOSES
Part 92 - Trusts And Estates With A Charitable Interest
Section 92.2 - Estates

Universal Citation: 13 NY Comp Codes Rules and Regs ยง 92.2

Current through Register Vol. 46, No. 39, September 25, 2024

(a) Registration. Estates with a charitable interest as defined in section 90.3(a)(1) of this Chapter are required to register pursuant to EPTL section 8-1.4. Estates in which the only charitable interest is a specific gift (either a specific amount of money or specific property) to one or more named charities exempt from Federal taxation pursuant to Internal Revenue Code section 501(c)(3) are not required to register pursuant to the EPTL.

(1) What registration documents to submit. To register with the Attorney General, an estate with a charitable interest shall submit all of the following documents:
(i) a copy of the notice of probate; and

(ii) a copy of the last will and testament and any codicils.

(2) What registration fees to submit. Estates with a charitable interest are not required to pay a registration fee pursuant to the EPTL. However, an EPTL filing fee is required when the estate submits a final report pursuant to subdivision (c) of this section.

(3) When to register. Estates with a charitable interest shall register within six months after the earlier of the date letters testamentary or preliminary letters testamentary are issued. Nothing in this Chapter shall be interpreted to waive any requirement to submit any estate-related documents to the Attorney General in a timely manner pursuant to any other provision of the laws of the State of New York, such as the requirement to submit the notice of probate pursuant to section 1409 of the Surrogate's Court Procedure Act.

(4) Where to register. Estates with a charitable interest shall submit their registration documents to the New York City office of the Attorney General's Charities Bureau, the Albany office of the Attorney General's Charities Bureau or the applicable Attorney General's Regional Office, in accordance with instructions issued by the Attorney General, or such other place as the Attorney General may designate.

(b) Periodic reports. Estates with a charitable interest are not required to file periodic reports, but shall comply with any request made by the Attorney General for additional information or documentation pursuant to section 92.5 of this Part.

(c) Final reports. Estates with a charitable interest are required to file a final report with the Attorney General.

(1) What final report documents to submit. A judicial or informal final accounting containing sufficient information for the purposes of the Attorney General's review shall constitute a complete final report for an estate with a charitable interest.

(2) What final report fees to submit. With the submission of a final report, estates with a charitable interest shall pay a filing fee based on the total value of all assets distributed or proposed to be distributed to charitable beneficiaries, including distributions resulting from specific and residuary gifts paid from principal or income, according to the following schedule:
(i) $25, if the total value of all such charitable assets is less than $50,000;

(ii) $50, if the total value of all such charitable assets is $50,000 or more but less than $250,000;

(iii) $100, if the total value of such charitable assets is $250,000 or more but less than $1 million;

(iv) $250, if the total value of such charitable assets is $1 million or more but less than $10 million;

(v) $750, if the total value of such charitable assets is $10 million or more but less than $50 million; or

(vi) $1,500, if the total value of such charitable assets is $50 million or more.

The EPTL filing fee is due at the time the final report is submitted to the Attorney General and is required for all estates with a charitable interest that are required to register with the Attorney General.

(3) Where to file final report. An estate with a charitable interest shall submit its final report to the New York City office of the Attorney General's Charities Bureau, the Albany office of the Attorney General's Charities Bureau or the applicable Attorney General's Regional Office, in accordance with instructions issued by the Attorney General, or such other place as the Attorney General may designate.

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