N.Y. Surrogate's Court Procedure Act § 1416: Executor failing to qualify or renounce; how excluded 1

§ 1416. Executor failing to qualify or renounce; how excluded

1. Upon the application of a fiduciary, a person interested or a

creditor, the court shall direct an executor named in a will to qualify

within a time specified by the court or in default of so doing to be

deemed to have renounced the appointment in any case where

(a) a person named as executor in a will does not qualify or renounce

within 15 days after probate thereof or

(b) a person chosen by virtue of a power in a will does not qualify

or renounce within 15 days after the filing of the instrument

designating him or

(c) objections are filed to the grant of letters to a person named as

executor in a will or chosen by virtue of a power therein contained and

such person does not qualify or renounce within 5 days after the

objections have been determined in his favor or, in a case specified in

710, within 5 days after an objection to letters has been established.

2. Where it appears by affidavit or other written proof to the

satisfaction of the court that such an order cannot with due diligence

be served personally within the state upon the person therein named the

court may prescribe the manner in which it must be served.

3. If the person so designated executor does not qualify within the

time fixed or within such further time as the court may allow for that

purpose an order shall be made declaring that he has renounced his

appointment as executor. Such an order may be revoked by the court and

letters testamentary issued to the person so failing to renounce or

qualify upon his application in a case where he might have retracted an

express renunciation as prescribed in the succeeding section.