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This entry was published on 2014-09-22
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SECTION 708
Qualification of fiduciaries Before letters are granted to a fiduciary, the fiduciary shall file in the surrogate's court or family court: 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 7
§ 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.