Vicki S. Rudin died on December 18, 2019 leaving a Last Will and Testament dated June 27, 2018. Letters Testamentary were issued to Kelly S. Mabee on May 7, 2020.

On June 17, 2020, a document entitled "Christopher Evans's Assignment No.1, Sale and Transfer of Beneficial Interest in Decedent's Estate to Probate Advance, LLC" was filed with the Court. On its face this instrument is an assignment of $ 19,000 of the interest of Christopher Evans in this estate in exchange for an immediate cash payment of $10,000.

The assignor, Christopher Evans, filed a petition with the Court on July 24, 2020requesting the Court to disallow the assignment and set a reasonable fee to be paid to the assignee, Probate Advance, LLC.

A citation was issued on the petition, returnable before the Court on August 31, 2020. In a Decision issued concurrently, the Court directed service of the citation and the related Virtual Appearance Notice upon Probate Advance, LLC by email and by Priority Mail or special delivery service (SCPA §307[2]) no later than 20 days before the return date.

The Court was advised on August 24, 2020 that the package sent for service upon Probate Advance was returned undelivered, so jurisdiction was not obtained over the assignee. On August 25, 2020 Aswad & Ingraham, LLP, Thomas A. Saitta, Esq., of counsel, filed a Notice of Appearance on behalf of Probate Advance, LLC. The Court had a companion to this case returnable on August 31, 2020 and advised the parties to appear for the scheduled return date.

Appearing at the return were petitioner, by Hinman, Howard & Kattell, LLP, Richard C. Lewis, Esq,. of counsel, and Probate Advance, LLC, by attorney Saitta. The Court acknowledged its lack of jurisdiction over Probate Advance, as well as the standing disqualification of the Surrogate with respect to Hinman, Howard & Kattell, LLP petition, which would require recusal, subject to the possibility of remittal, when jurisdiction is obtained. The Court also communicated its intention to convert this and the related proceeding to ones on the Court's own initiative, as confirmed in this written decision.

The filed assignment which is the subject of this proceeding is an assignment within the meaning of EPTL §13-2.3(a). The compensation payable under this assignment is subject to [*2]Court review and determination in a proceeding brought either by an interested party, such as petitioner, or by the Court on its own initiative. SCPA§ 2112(2). The Court notes petitioner's cost to pursue this proceeding will further imperil his economic circumstances, which presumably led to the assignment at issue. Since jurisdiction was not obtained, the Court will convert this proceeding to one on its own initiative, and direct service by the Chief Clerk of the Court. The petitioner's proceeding will be dismissed; his petition treated as an affidavit filed in the Court's proceeding. A citation will be issued to Probate Advance, LLC, which will be given the opportunity to submit responsive papers once jurisdiction over it is obtained. The Court will render a decision on the pleadings.

Now, therefore, it is

ORDERED, that this petition is converted to a proceeding on the Court's own initiative, pursuant to SCPA §2112(2); and it is further

ORDERED, that the filed petition will be treated as assignor's affidavit in the Court's proceeding; and it is further

ORDERED, that the Chief Clerk of the Court will issue a citation directed to the executor and to Probate Advance, LLC, and serve the citation, together with a copy of this Decision and a Virtual Appearance Notice upon both by first class mail, no later than October 30, 2020. The citation will be returnable November 23, 2020 at 10:30 a.m.; and it is further

ORDERED, that at the return date the Court will set a date for Probate Advance, LLC to submit a written response in this proceeding; and the Court will render a decision on the written pleadings, unless any party requests oral argument; and it is further

ORDERED, that there will be no extension of any deadline set forth in this decision without written authorization of the Court; and it is further

ORDERED, that the Chief Clerk of the Court will serve a copy of this filed decision by email on counsel for the assignee, Probate Advance, LLC.

This Decision constitutes the Order of the Court.