§ 1001 — Order of priority for granting letters of administration 1

§ 1001. Order of priority for granting letters of administration\n 1. Letters of administration must be granted to the persons who are\ndistributees of an intestate and who are eligible and qualify, in the\nfollowing order:\n (a) the surviving spouse,\n (b) the children,\n (c) the grandchildren,\n (d) either parent,\n (e) the brothers or sisters,\n (f) any other persons who are distributees and who are eligible and\nqualify, preference being given to the person entitled to the largest\nshare in the estate, except as hereinafter provided:\n (i) Where there are eligible distributees equally entitled to\nadminister the court may grant letters of administration to one or more\nof such persons.\n (ii) If the distributees are issue of grandparents, other than aunts\nor uncles, on only one side, then letters of administration shall issue\nto the public administrator or chief financial officer of the county.\n 2. If the sole distributee has died or is an infant, incompetent or\nconservatee, his fiduciary, committee or conservator, if he is eligible\nand qualifies shall be granted letters of administration. The court may\ndeny letters to a guardian or committee of the person only.\n 3. (a) Where all the distributees have died or are infants,\nincompetents or conservatees the court may grant letters of\nadministration to a fiduciary, committee or conservator of a deceased\ndistributee or infant, incompetent or conservatee distributee, if he is\neligible and qualifies. If the court exercises its discretion\npreference shall be given to the fiduciary, committee or conservator of\nthe distributee entitled to the largest share in the estate.\n (b) Where all such distributees are equally entitled to share in the\nestate the court may grant letters of administration to one or more of\ntheir fiduciaries, committees or conservators, if they are eligible and\nqualify.\n 4. (a) Where a distributee who has died or is an infant, incompetent\nor conservatee would have had a prior right to letters of administration\nexcept for his death or disability the court may grant letters to his\nfiduciary, committee or conservator, if he is eligible and qualifies.\n (b) Where no eligible distributee having a prior or equal right to\nletters of administration will accept the same and there are\ndistributees who have died or are infants, incompetents or conservatees\nthe court may grant letters to a fiduciary, committee or conservator of\na deceased distributee, infant, incompetent or conservatee distributee,\nif he is eligible and qualifies. If the court exercises its discretion\npreference shall be given to the fiduciary, committee or conservator of\nthe distributee entitled to the largest share in the estate.\n (c) Where all such distributees who have died or are infants,\nincompetents or conservatees in the circumstances of subdivision 4 (b)\nare equally entitled to share in the estate the court may grant letters\nof administration to one or more of their fiduciaries, committees or\nconservators, if they are eligible and qualify.\n 5. Upon the petition of a distributee having a prior or equal right to\nletters of administration the court may grant letters jointly to an\neligible distributee or distributees and to one or more eligible persons\nwhether distributees or not, including a trust company or other\ncorporation authorized to act as fiduciary. Such joint fiduciaries shall\nbe entitled to commissions as authorized by 2307.\n 6. Letters of administration may be granted to an eligible distributee\nor to an eligible person who is not a distributee upon the acknowledged\nand filed consents of all eligible distributees, or if there are no\neligible distributees, then on the consents of all distributees, except\nthat the guardian of the property of an infant distributee, the\ncommittee of the property of an incompetent distributee or the\nconservator of property of a conservatee appointed within the State of\nNew York may so consent on behalf of his ward. For purposes of this\nsubdivision, a distributee is eligible if letters of administration\ncould be issued to him or her alone or acting together with the person\nor persons so nominated.\n 7. Letters of administration may be granted to a trust company or\nother corporation authorized to act as fiduciary upon the acknowledged\nand filed consents of all eligible distributees, or if there are no\neligible distributees, then on consents of all distributees, except that\nthe guardian of the property of an infant distributee, the committee of\nthe property of an incompetent distributee or the conservator of\nproperty of a conservatee appointed within the state of New York may so\nconsent on behalf of his ward. For purposes of this subdivision, a\ndistributee is eligible if letters of administration could be issued to\nhim or her alone or acting together with the trust company or other\ncorporation so nominated.\n 8. When letters are not granted under the foregoing provisions and an\nappointment is not made by consent as hereinbefore provided then letters\nof administration shall be granted in the following order:\n (a) to the public administrator, or the chief fiscal officer of the\ncounty, or\n (b) to the petitioner, in the discretion of the court, or\n (c) to any other person or persons.\n 9. Letters of administration may be granted by the court in any case\nin which a paper writing purporting to be a will has been filed in the\ncourt and proceedings for its probate have not been instituted within a\nreasonable time or have not been diligently prosecuted.\n