N.Y. Surrogate's Court Procedure Act § 1608: Ancillary letters generally 1

§ 1608. Ancillary letters generally

1. A person acting in the decedent's domicile as executor or

administrator or to administer the decedent's estate in accordance with

the law thereof may by an acknowledged instrument designate and

authorize the appointment of a person eligible to receive letters to act

as ancillary administrator or ancillary administrator c.t.a. If

conflicting designations or joint plural designations are made or if two

or more persons are entitled jointly to letters under this article the

court may appoint one or more of the persons so designated or one or

more of the persons so entitled.

2. A person to whom ancillary letters are issued must qualify in the

same manner as prescribed in this act for the qualification of a

fiduciary except that the penalty of the bond may be in such sum as to

the court seems just, unless the will dispenses with the filing of a

bond by the fiduciary named therein, in which case the court may

dispense with the filing of a bond by the fiduciary so named.

3. In any case where the court is satisfied that there is no creditor

of the decedent who is a domiciliary of this state and that no estate

tax is assessable in this state, ancillary letters may issue without

bond. Before issuing such letters without bond, however, the court may

require that supplemental process issue, directed generally to all

creditors or persons claiming to be creditors who are domiciled in this

state and that it be served by publication unless such process had

theretofore been served in the proceeding.

4. All of the provisions of this act relating to eligibility to

receive letters shall be applicable to appointments made under this

article.

5. Before granting ancillary letters on any application therefor the

court may require the petitioner or any other person seeking such

letters to serve by mail a written notice of the application upon every

domiciliary beneficiary who has not been served with process or has not

appeared in the proceeding for ancillary letters or waived service of

process therein. Such notice shall be in the form prescribed in 1005 if

the application be for ancillary letters of administration or in the

form prescribed in 1409 if the application be for ancillary letters

testamentary or ancillary letters of administration c.t.a. and shall be

served in accordance with the applicable section.

6. Any corporate banking institution of any state of the United

States, the Commonwealth of Puerto Rico, territory or possession of the

United States not entitled of right under the banking law to receive

such letters may nevertheless be authorized by the court to receive such

letters upon filing such bond as the court may require.