§ 1416 — Executor failing to qualify or renounce; how excluded 1

New York § 1416

• Jurisdiction: New York
• Law SCP: Surrogate's Court Procedure
• Art. 14: Probate Proceedings; Construction of Wills; Right of Election

Text

§ 1416. Executor failing to qualify or renounce; how excluded\n 1. Upon the application of a fiduciary, a person interested or a\ncreditor, the court shall direct an executor named in a will to qualify\nwithin a time specified by the court or in default of so doing to be\ndeemed to have renounced the appointment in any case where\n (a) a person named as executor in a will does not qualify or renounce\nwithin 15 days after probate thereof or\n (b) a person chosen by virtue of a power in a will does not qualify\nor renounce within 15 days after the filing of the instrument\ndesignating him or\n (c) objections are filed to the grant of letters to a person named as\nexecutor in a will or chosen by virtue of a power therein contained and\nsuch person does not qualify or renounce within 5 days after the\nobjections have been determined in his favor or, in a case specified in\n710, within 5 days after an objection to letters has been established.\n 2. Where it appears by affidavit or other written proof to the\nsatisfaction of the court that such an order cannot with due diligence\nbe served personally within the state upon the person therein named the\ncourt may prescribe the manner in which it must be served.\n 3. If the person so designated executor does not qualify within the\ntime fixed or within such further time as the court may allow for that\npurpose an order shall be made declaring that he has renounced his\nappointment as executor. Such an order may be revoked by the court and\nletters testamentary issued to the person so failing to renounce or\nqualify upon his application in a case where he might have retracted an\nexpress renunciation as prescribed in the succeeding section.\n