§ 1418 — Letters of administration with will annexed; when and to whom granted 1

§ 1418. Letters of administration with will annexed; when and to whom\n granted\n 1. If no person is named as executor in the will or selected by virtue\nof a power contained therein or if at any time there is no executor or\nadministrator with will annexed qualified to act, upon the application\nof any person who may petition for the probate of the will under 1402\nthe court must issue letters of administration with will annexed in the\nfollowing order of priority:\n (a) to a sole beneficiary or if he be dead to his fiduciary;\n (b) to one or more of the residuary beneficiaries or, if any be dead,\nto his fiduciary;\n (c) if there is no eligible person entitled to letters under\nsubparagraphs (a) and (b) of this subdivision who will accept, the court\nmay issue letters to one or more of the persons interested in the estate\nor, if any be dead, to his fiduciary.\n 2. If there is no eligible person entitled to letters under the\nforegoing subdivision who will accept or an appointment is not made by\nconsent as provided in subdivision 6, letters shall issue to the public\nadministrator or, if there be none for the county, to the treasurer of\nthe county.\n 3. If none of the persons mentioned in subdivisions 1 and 2 will\naccept letters the court may issue them to the petitioner or upon\npetitioner's refusal to accept the same to any person designated by the\ncourt.\n 4. A corporation incorporated within the territorial limits of the\nUnited States which is a sole or residuary legatee may act as\nadministrator with will annexed although not specifically so authorized\nby its charter or by any provision of law.\n 5. If any person otherwise entitled to letters under subdivision 1 is\nan infant, incompetent or conservatee the court may issue letters with\nwill annexed to the guardian of the property of the infant, the\ncommittee of the property of the incompetent, or the conservator of the\nproperty of the conservatee with the same priority as if the infant,\nincompetent or conservatee had himself been eligible to take letters.\n 6. Administration may be granted to an eligible person or persons not\nentitled as beneficiaries upon the acknowledged and filed consent of all\nof the eligible beneficiaries, or if there are no eligible\nbeneficiaries, then on the consent of all of the beneficiaries, except\nthat the guardian of the property of an infant beneficiary, the\ncommittee of the property of an incompetent beneficiary or the\nconservator of the property of a conservatee beneficiary appointed\nwithin the state of New York, may so consent on behalf of his or her\nward. For purposes of this subdivision, a beneficiary is eligible if\nletters of administration with will annexed could be issued to him or\nher alone or acting together with the person or persons or so nominated.\n 7. Administration may be granted to a trust company or other\ncorporation authorized to act as fiduciary upon the acknowledged and\nfiled consents of all the eligible beneficiaries, or if there are no\neligible beneficiaries, then on the consent of all beneficiaries, except\nthat the guardian of the property of an infant beneficiary, the\ncommittee of the property of an incompetent beneficiary, or the\nconservator of the property of a conservatee beneficiary appointed\nwithin the state of New York, may so consent on behalf of his or her\nward. For purposes of this subdivision, a beneficiary is eligible if\nletters of administration with will annexed could be issued to him or\nher alone or acting together with the trust company or other corporation\nso nominated.\n 8. The court may refuse to issue letters of administration with will\nannexed where distribution of the estate is possible pursuant to the\nprovisions of this act.\n