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This entry was published on 2014-09-22
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SECTION 1416
Executor failing to qualify or renounce; how excluded 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 14
§ 1416. Executor failing to qualify or renounce; how excluded

1. Upon the application of a fiduciary, a person interested or a
creditor, the court shall direct an executor named in a will to qualify
within a time specified by the court or in default of so doing to be
deemed to have renounced the appointment in any case where

(a) a person named as executor in a will does not qualify or renounce
within 15 days after probate thereof or

(b) a person chosen by virtue of a power in a will does not qualify
or renounce within 15 days after the filing of the instrument
designating him or

(c) objections are filed to the grant of letters to a person named as
executor in a will or chosen by virtue of a power therein contained and
such person does not qualify or renounce within 5 days after the
objections have been determined in his favor or, in a case specified in
710, within 5 days after an objection to letters has been established.

2. Where it appears by affidavit or other written proof to the
satisfaction of the court that such an order cannot with due diligence
be served personally within the state upon the person therein named the
court may prescribe the manner in which it must be served.

3. If the person so designated executor does not qualify within the
time fixed or within such further time as the court may allow for that
purpose an order shall be made declaring that he has renounced his
appointment as executor. Such an order may be revoked by the court and
letters testamentary issued to the person so failing to renounce or
qualify upon his application in a case where he might have retracted an
express renunciation as prescribed in the succeeding section.