N.Y. Surrogate's Court Procedure Act § 1419: Process; renunciation or exclusion of persons having prior or equal right Every eligible person having a right to letters of administrati...

§ 1419. Process; renunciation or exclusion of persons having prior or

equal right

Every eligible person having a right to letters of administration with

the will annexed prior or equal to that of the petitioner including an

infant, incompetent or conservatee whose guardian, committee or

conservator would be entitled to letters, and who has not renounced,

must be served. The proceedings upon the application are the same as

upon an application for administration upon the estate of an intestate.

The court may dispense with the issuance and service of process upon

non-domiciliaries.