N.Y. Surrogate's Court Procedure Act § 1303: Persons who may become a voluntary administrator

§ 1303. Persons who may become a voluntary administrator.

(a) If the deceased dies intestate, the right to act as a voluntary

administrator is hereby given first to the surviving adult spouse, if

any, of the decedent and if there be none or if the spouse renounce,

then in order to a competent adult who is a child or grandchild, parent,

brother or sister, niece or nephew or aunt or uncle of the decedent, or

if there be no such person who will act, then to the guardian of the

property of an infant, the committee of the property of any incompetent

person or the conservator of the property of a conservatee who is a

distributee and if none of the foregoing named persons will act or if

there are no known distributees within the categories listed above, then

to the chief fiscal officer of the county except in those counties in

which a public administrator has been appointed under articles eleven

and twelve of this act. After the surviving spouse, the first

distributee within the class of persons entitled or if no distributee

will act or there are no known distributees within the class of persons

entitled, then the chief fiscal officer of the county as above who makes

and files the required affidavit, is authorized to act as voluntary

administrator, or as successor voluntary administrator in the event of

the death or resignation of the voluntary administrator before the

completion of the settlement of the estate.

(b) If the deceased dies testate, the named executor or alternate

executor shall have the first right to act as voluntary administrator,

upon filing the last will and testament with the surrogate's court. If

the named executor or alternate executor renounces or fails to qualify

by filing the required affidavit within thirty days after the last will

and testament has been filed in the surrogate's court, then any adult

person who would be entitled to petition for letters of administration

with will annexed under section 1418 of this chapter may file the

required affidavit and have the right to act as voluntary administrator.

(c) No person other than one hereinbefore mentioned can become a

voluntary administrator.