N.Y. Surrogate's Court Procedure Act § 1121: Grant of letters to others If any eligible distributee of the decedent shall petition to supersede the public administrator within 4 mont...

§ 1121. Grant of letters to others

If any eligible distributee of the decedent shall petition to

supersede the public administrator within 4 months after the public

administrator has become vested with the powers of a fiduciary on the

estate letters shall be granted to him upon proof that the petitioner

did not receive notice of the application by the public administrator

and upon the further showing that all persons prior or equal in right

have been served and have defaulted or waived; but the court may refuse

to supersede the public administrator if 6 months have elapsed since he

became vested with the powers of a fiduciary.