N.Y. Surrogate's Court Procedure Act § 1711: Guardian by will or deed; qualification; renunciation 1

§ 1711. Guardian by will or deed; qualification; renunciation

1. Where a deed containing the appointment of a guardian is not

recorded within 3 months after the death of the grantor, the person

appointed is presumed to have renounced the appointment and if a

guardian is thereafter appointed by the court the presumption is

conclusive.

2. Where a will containing the appointment of a guardian is admitted

to probate or a deed is recorded as prescribed in the preceding section,

the person appointed guardian must within 3 months thereafter qualify as

provided by 708 unless contrary to the express provisions of the will or

deed and by filing a petition showing the facts which entitle him to

qualify and receive letters; otherwise he is deemed to have renounced

the appointment.

3. No guardian by will or deed shall receive any property other than

the property derived under the instrument of appointment without first

giving a bond in a penalty to be fixed by the court.

4. Either before or after the expiration of 3 months the court may

extend the time so to qualify for such time as it deems reasonable, upon

good cause shown.

5. A person appointed guardian by will or deed may at any time before

he qualifies renounce the appointment by an acknowledged instrument

filed in the office of the court.