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This entry was published on 2014-09-22
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Guardian by will or deed; qualification; renunciation 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 17
§ 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

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.