N.Y. Surrogate's Court Procedure Act § 1007: Administration de bonis non 1

§ 1007. Administration de bonis non

1. When the office of administrator becomes vacant for any reason the

court may grant letters of administration de bonis non to one or more

eligible persons and the proceedings to procure such letters shall be

the same as upon an application for original letters of administration.

2. Where the estate has been partially administered by the former

fiduciary the court may fix the penalty of the bond in a sum not less

than the value of the assets of the estate remaining unadministered.

3. The court may refuse to issue letters of administration de bonis

non where distribution of the estate is possible pursuant to the

provisions of 2207.