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This entry was published on 2019-07-05
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SECTION 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
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 7
§ 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 alien 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 alien fiduciary or a New York resident
fiduciary hereunder shall be made by the court in its discretion

(d) a felon

(e) 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 person unable to read and write the
English language.