N.Y. Surrogate's Court Procedure Act § 1417: Renunciation by nominated executor; retraction thereof 1

§ 1417. Renunciation by nominated executor; retraction thereof

1. A person named as executor in a will may renounce his right to

letters testamentary by an acknowledged instrument.

2. A renunciation may be retracted by an instrument executed in like

manner as required for the execution of a renunciation at any time

before letters testamentary or letters of administration with will

annexed have been issued to any other person in his place or after they

have been so issued, if such letters have been revoked or the person to

whom they were issued has died or become an incompetent and there is no

other acting executor or administrator.

3. Where a retraction is so made letters testamentary may be issued

to the person making it upon such notice as directed by the court.

4. An instrument specified in this section must be filed in the court

having jurisdiction over the estate.