New York § 1417 Renunciation by nominated executor; retraction thereof 1

New York Statutes

§ 1417 — Renunciation by nominated executor; retraction thereof 1

New York § 1417

Law SCPSurrogate's Court Procedure

Art. 14Probate Proceedings; Construction of Wills; Right of Election

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Bluebook

N.Y. Surrogate's Court Procedure § 1417 (2026).

Text

§ 1417. Renunciation by nominated executor; retraction thereof\n  1.  A person named as executor in a will may renounce his right to\nletters testamentary by an acknowledged instrument.\n  2.  A renunciation may be retracted by an instrument executed in like\nmanner as required for the execution of a renunciation at any time\nbefore letters testamentary or letters of administration with will\nannexed have been issued to any other person in his place or after they\nhave been so issued, if such letters have been revoked or the person to\nwhom they were issued has died or become an incompetent and there is no\nother acting executor or administrator.\n  3.  Where a retraction is so made letters testamentary may be issued\nto the person making it upon such notice as directed by the court.\n  4.

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§ 1417. Renunciation by nominated executor; retraction thereof\n 1. A person named as executor in a will may renounce his right to\nletters testamentary by an acknowledged instrument.\n 2. A renunciation may be retracted by an instrument executed in like\nmanner as required for the execution of a renunciation at any time\nbefore letters testamentary or letters of administration with will\nannexed have been issued to any other person in his place or after they\nhave been so issued, if such letters have been revoked or the person to\nwhom they were issued has died or become an incompetent and there is no\nother acting executor or administrator.\n 3. Where a retraction is so made letters testamentary may be issued\nto the person making it upon such notice as directed by the court.\n 4. An instrument specified in this section must be filed in the court\nhaving jurisdiction over the estate.\n