N.Y. Surrogate's Court Procedure Act § 708: Qualification of fiduciaries Before letters are granted to a fiduciary, the fiduciary shall file in the surrogate's court or family court: 1

§ 708. Qualification of fiduciaries

Before letters are granted to a fiduciary, the fiduciary shall file in

the surrogate's court or family court:

1. An acknowledged instrument stating the fiduciary's domiciliary

address and designating the clerk of the court to receive service of any

process issuing from the court in like manner and with like effect as if

it were served personally upon the fiduciary, whenever the person so

receiving letters cannot be found and served within the state after due

diligence, which designation shall be irrevocable and shall continue in

effect so long as the fiduciary remains in office and until full

compliance by the fiduciary with the terms of a decree providing for his

or her final discharge. If the fiduciary shall change his or her address

so stated the fiduciary shall promptly notify the court of the new

address.

2. Unless exempted, an official oath taken before any officer

authorized to administer oaths, to the effect that the fiduciary will

well, faithfully and honestly discharge the duties of the office and the

trust reposed in him or her and duly account for all moneys or other

property which may come into his or her hands. The oath shall also

describe the office, and state that the fiduciary is not ineligible to

receive letters.

3. Such bond as may be required by law or by order of the court.

4. In the case of a trust company or other fiduciary exempted by law

from taking an oath of office and filing a bond, an acknowledged consent

to accept its appointment.

5. In the case of a foreign banking corporation or trust company

organized under the laws of another state, compliance with subdivision 3

of section 131 of the banking law is required.