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This entry was published on 2019-10-11
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SECTION 1418
Letters of administration with will annexed; when and to whom granted 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 14
§ 1418. Letters of administration with will annexed; when and to whom

granted

1. If no person is named as executor in the will or selected by virtue
of a power contained therein or if at any time there is no executor or
administrator with will annexed qualified to act, upon the application
of any person who may petition for the probate of the will under 1402
the court must issue letters of administration with will annexed in the
following order of priority:

(a) to a sole beneficiary or if he be dead to his fiduciary;

(b) to one or more of the residuary beneficiaries or, if any be dead,
to his fiduciary;

(c) if there is no eligible person entitled to letters under
subparagraphs (a) and (b) of this subdivision who will accept, the court
may issue letters to one or more of the persons interested in the estate
or, if any be dead, to his fiduciary.

2. If there is no eligible person entitled to letters under the
foregoing subdivision who will accept or an appointment is not made by
consent as provided in subdivision 6, letters shall issue to the public
administrator or, if there be none for the county, to the treasurer of
the county.

3. If none of the persons mentioned in subdivisions 1 and 2 will
accept letters the court may issue them to the petitioner or upon
petitioner's refusal to accept the same to any person designated by the
court.

4. A corporation incorporated within the territorial limits of the
United States which is a sole or residuary legatee may act as
administrator with will annexed although not specifically so authorized
by its charter or by any provision of law.

5. If any person otherwise entitled to letters under subdivision 1 is
an infant, incompetent or conservatee the court may issue letters with
will annexed to the guardian of the property of the infant, the
committee of the property of the incompetent, or the conservator of the
property of the conservatee with the same priority as if the infant,
incompetent or conservatee had himself been eligible to take letters.

6. Administration may be granted to an eligible person or persons not
entitled as beneficiaries upon the acknowledged and filed consent of all
of the eligible beneficiaries, or if there are no eligible
beneficiaries, then on the consent of all of the beneficiaries, except
that the guardian of the property of an infant beneficiary, the
committee of the property of an incompetent beneficiary or the
conservator of the property of a conservatee beneficiary appointed
within the state of New York, may so consent on behalf of his or her
ward. For purposes of this subdivision, a beneficiary is eligible if
letters of administration with will annexed could be issued to him or
her alone or acting together with the person or persons or so nominated.

7. Administration may be granted to a trust company or other
corporation authorized to act as fiduciary upon the acknowledged and
filed consents of all the eligible beneficiaries, or if there are no
eligible beneficiaries, then on the consent of all beneficiaries, except
that the guardian of the property of an infant beneficiary, the
committee of the property of an incompetent beneficiary, or the
conservator of the property of a conservatee beneficiary appointed
within the state of New York, may so consent on behalf of his or her
ward. For purposes of this subdivision, a beneficiary is eligible if
letters of administration with will annexed could be issued to him or
her alone or acting together with the trust company or other corporation
so nominated.

8. The court may refuse to issue letters of administration with will
annexed where distribution of the estate is possible pursuant to the
provisions of this act.