N.Y. Surrogate's Court Procedure Act § 1607: Ancillary letters of administration 1

§ 1607. Ancillary letters of administration

1. Upon petition as provided in 1609 and upon proof that letters of

administration of the estate of a decedent have been issued by a

competent court in the decedent's domicile or upon proof that under the

law of that jurisdiction letters of administration are not granted but

that a person is acting in that jurisdiction to administer the

decedent's estate in accordance with the law thereof, the court may

issue ancillary letters of administration. In a case where the court

has theretofore issued original or ancillary letters or there is pending

before the court an application therefor, the court shall take such

proceedings as justice requires.

2. The court shall issue ancillary letters of administration to the

following persons in the following order:

(a) The person appointed administrator in the domiciliary

jurisdiction or the person acting in that jurisdiction to administer the

decedent's estate in accordance with the law thereof.

(b) A person entitled to original letters of administration under

this act.

3. If no person named in any subparagraph of subdivision 2 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.