New York § 1711 Guardian by will or deed; qualification; renunciation 1

New York Statutes

§ 1711 — Guardian by will or deed; qualification; renunciation 1

New York § 1711

Law SCPSurrogate's Court Procedure

Art. 17Guardians and Custodians

This text of New York § 1711 (Guardian by will or deed; qualification; renunciation 1) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.Y. Surrogate's Court Procedure § 1711 (2026).

Text

§ 1711. Guardian by will or deed; qualification; renunciation\n  1. Where a deed containing the appointment of a guardian is not\nrecorded within 3 months after the death of the grantor, the person\nappointed is presumed to have renounced the appointment and if a\nguardian is thereafter appointed by the court the presumption is\nconclusive.\n  2. Where a will containing the appointment of a guardian is admitted\nto probate or a deed is recorded as prescribed in the preceding section,\nthe person appointed guardian must within 3 months thereafter qualify as\nprovided by 708 unless contrary to the express provisions of the will or\ndeed and by filing a petition showing the facts which entitle him to\nqualify and receive letters; otherwise he is deemed to have renounced\nthe appointment.\n  3

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§ 1711. Guardian by will or deed; qualification; renunciation\n 1. Where a deed containing the appointment of a guardian is not\nrecorded within 3 months after the death of the grantor, the person\nappointed is presumed to have renounced the appointment and if a\nguardian is thereafter appointed by the court the presumption is\nconclusive.\n 2. Where a will containing the appointment of a guardian is admitted\nto probate or a deed is recorded as prescribed in the preceding section,\nthe person appointed guardian must within 3 months thereafter qualify as\nprovided by 708 unless contrary to the express provisions of the will or\ndeed and by filing a petition showing the facts which entitle him to\nqualify and receive letters; otherwise he is deemed to have renounced\nthe appointment.\n 3. No guardian by will or deed shall receive any property other than\nthe property derived under the instrument of appointment without first\ngiving a bond in a penalty to be fixed by the court.\n 4. Either before or after the expiration of 3 months the court may\nextend the time so to qualify for such time as it deems reasonable, upon\ngood cause shown.\n 5. A person appointed guardian by will or deed may at any time before\nhe qualifies renounce the appointment by an acknowledged instrument\nfiled in the office of the court.\n