Relates to persons ineligible to act as a fiduciary

Latest action May 12, 2026

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

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Where it stands

Passed one of the two chambers; it still needs the other.

Introduced
In committee
Up for a vote
Passed one chamber
Passed
Enacted

New York State Senate

Same as A8760, the matching bill in the Assembly.

Committee

Judiciary · New York State Assembly

Also referred to Judiciary · New York State Senate.

Purpose, from the sponsor's memo

To clarify that courts may disqualify individuals with certain felony convictions from serving as fiduciaries, without considering English language ability.

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

Recorded votes

Vote: Floor vote
NY SenateMay 12, 2026Result: passed
(41) (19) (0) (3)
Vote: Committee vote · Judiciary
Senate JudiciaryMay 5, 2026Result: passed
(16) (3) (0) (0)

The sponsor's argument

Why Kristen Gonzalez says this is needed

Current law permits courts to disqualify individuals from serving as fiduciaries on the basis of their inability to read or write English. This outdated provision has disproportionately impacted immigrants and individuals with limited English proficiency, even when they are other- wise capable of fulfilling fiduciary duties with the help of translation services or legal counsel. This bill strikes the language-based disqualification and focuses judi- cial discretion on cases where a potential fiduciary has been convicted of a felony that could directly endanger the welfare of an estate-such as crimes involving financial misconduct or abuse of trust. By narrowing this provision, the legislation promotes fairness and inclusion in the probate process, while preserving the court's authority to protect estates from untrustworthy appointees.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.

Full history

May 12, 2026
Sent to the executive
DELIVERED TO ASSEMBLY
NY Senate
May 12, 2026
Passed a chamber
PASSED SENATE
NY Senate
May 12, 2026
Referred to committee
REFERRED TO JUDICIARY
NY Assembly
May 7, 2026
Advanced to Third Reading
ADVANCED TO THIRD READING
NY Senate
May 6, 2026
2ND Report CAL.
2ND REPORT CAL.
NY Senate

Show full history (4 earlier events)

May 5, 2026
1ST Report CAL.913
1ST REPORT CAL.913
NY Senate
Mar 26, 2026
Referred to committee
REFERRED TO JUDICIARY
NY Senate
Jan 7, 2026
Referred to committee
REFERRED TO JUDICIARY
NY Assembly
Jun 2, 2025
Referred to committee
REFERRED TO JUDICIARY
NY Assembly

About this record

Summary: The summary comes from NY Open Legislation, the New York State Senate's public record. For more, see How we handle summaries.
Source: From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Oct 21, 2026. About our data

Read the record

Read on NY Senate (opens in a new tab) The official record on nysenate.gov.

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