N.Y. Surrogate's Court Procedure Act § 707: Eligibility to receive letters Letters may issue to a natural person or to a person authorized by law to be a fiduciary except as follows: 1

§ 707. Eligibility to receive letters

Letters may issue to a natural person or to a person authorized by law

to be a fiduciary except as follows:

1. Persons ineligible

(a) an infant

(b) an incompetent

(c) a non-domiciliary noncitizen except one who is a foreign guardian

as provided in subdivision four of section one thousand seven hundred

sixteen of this chapter, or one who shall serve with one or more

co-fiduciaries, at least one of whom is resident in this state. Any

appointment of a non-domiciliary noncitizen fiduciary or a New York

resident fiduciary hereunder shall be made by the court in its

discretion

(d) one who does not possess the qualifications required of a

fiduciary by reason of substance abuse, dishonesty, improvidence, want

of understanding, or who is otherwise unfit for the execution of the

office.

2. Persons ineligible in court's discretion. The court may declare

ineligible to act as fiduciary:

(a) a person unable to read and write the English language; or

(b) an individual convicted of a felony whose crime may be adverse to

the welfare of the estate, including but not limited to, crimes such as

embezzlement or any crime where there was a misappropriation of money or

a breach of fiduciary duty.