N.Y. Surrogate's Court Procedure Act § 1418: Letters of administration with will annexed; when and to whom granted 1

§ 1418. Letters of administration with will annexed; when and to whom

granted

1. If no person is named as executor in the will or selected by virtue

of a power contained therein or if at any time there is no executor or

administrator with will annexed qualified to act, upon the application

of any person who may petition for the probate of the will under 1402

the court must issue letters of administration with will annexed in the

following order of priority:

(a) to a sole beneficiary or if he be dead to his fiduciary;

(b) to one or more of the residuary beneficiaries or, if any be dead,

to his fiduciary;

(c) if there is no eligible person entitled to letters under

subparagraphs (a) and (b) of this subdivision who will accept, the court

may issue letters to one or more of the persons interested in the estate

or, if any be dead, to his fiduciary.

2. If there is no eligible person entitled to letters under the

foregoing subdivision who will accept or an appointment is not made by

consent as provided in subdivision 6, letters shall issue to the public

administrator or, if there be none for the county, to the treasurer of

the county.

3. If none of the persons mentioned in subdivisions 1 and 2 will

accept letters the court may issue them to the petitioner or upon

petitioner's refusal to accept the same to any person designated by the

court.

4. A corporation incorporated within the territorial limits of the

United States which is a sole or residuary legatee may act as

administrator with will annexed although not specifically so authorized

by its charter or by any provision of law.

5. If any person otherwise entitled to letters under subdivision 1 is

an infant, incompetent or conservatee the court may issue letters with

will annexed to the guardian of the property of the infant, the

committee of the property of the incompetent, or the conservator of the

property of the conservatee with the same priority as if the infant,

incompetent or conservatee had himself been eligible to take letters.

6. Administration may be granted to an eligible person or persons not

entitled as beneficiaries upon the acknowledged and filed consent of all

of the eligible beneficiaries, or if there are no eligible

beneficiaries, then on the consent of all of the beneficiaries, except

that the guardian of the property of an infant beneficiary, the

committee of the property of an incompetent beneficiary or the

conservator of the property of a conservatee beneficiary appointed

within the state of New York, may so consent on behalf of his or her

ward. For purposes of this subdivision, a beneficiary is eligible if

letters of administration with will annexed could be issued to him or

her alone or acting together with the person or persons or so nominated.

7. Administration may be granted to a trust company or other

corporation authorized to act as fiduciary upon the acknowledged and

filed consents of all the eligible beneficiaries, or if there are no

eligible beneficiaries, then on the consent of all beneficiaries, except

that the guardian of the property of an infant beneficiary, the

committee of the property of an incompetent beneficiary, or the

conservator of the property of a conservatee beneficiary appointed

within the state of New York, may so consent on behalf of his or her

ward. For purposes of this subdivision, a beneficiary is eligible if

letters of administration with will annexed could be issued to him or

her alone or acting together with the trust company or other corporation

so nominated.

8. The court may refuse to issue letters of administration with will

annexed where distribution of the estate is possible pursuant to the

provisions of this act.