N.Y. Surrogate's Court Procedure Act § 1604: Ancillary letters on foreign will 1

§ 1604. Ancillary letters on foreign will

1. Upon admission of a will to probate under 1602 the court shall

issue, if such be requested, ancillary letters to the following persons

in the following order:

(a) The person expressly appointed in the will as executor with

respect to property located within this state.

(b) The person to whom domiciliary letters have been issued or if

domiciliary letters are not issued, the person appointed in the will to

administer all property wherever located.

(c) The person acting in the domiciliary jurisdiction to administer

and distribute the testator's estate.

(d) A person entitled under this act to letters of administration

c.t.a.

2. If no person named in any subparagraph of subdivision 1 is willing

to qualify or to designate a person eligible to receive ancillary

letters they shall issue to a person in the succeeding subparagraph of

such subdivision who will qualify or to a person designated by him who

is eligible to receive letters.