SCPA 707 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 706 When surviving or remaining fiduciary may act; when successor must be appointed 1 up ARTICLE 7 General Provisions Relating to Letters next SECTION 708 Qualification of fiduciaries Before letters are granted to a fiduciary, the fiduciary shall file in the surrogate's court or family court: 1 Viewing most recent revision (from 2022-12-16) View historical revision as of: -- Choose a Date -- 2022-12-16 2021-10-29 2019-07-05 2014-09-22 Share Facebook Email SECTION 707 Eligibility to receive letters Letters may issue to a natural person or to a person authorized by law to be a fiduciary except as follows: 1 Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 7 § 707. Eligibility to receive letters Letters may issue to a natural person or to a person authorized by law to be a fiduciary except as follows: 1. Persons ineligible (a) an infant (b) an incompetent (c) a non-domiciliary noncitizen except one who is a foreign guardian as provided in subdivision four of section one thousand seven hundred sixteen of this chapter, or one who shall serve with one or more co-fiduciaries, at least one of whom is resident in this state. Any appointment of a non-domiciliary noncitizen fiduciary or a New York resident fiduciary hereunder shall be made by the court in its discretion (d) one who does not possess the qualifications required of a fiduciary by reason of substance abuse, dishonesty, improvidence, want of understanding, or who is otherwise unfit for the execution of the office. 2. Persons ineligible in court's discretion. The court may declare ineligible to act as fiduciary: (a) a person unable to read and write the English language; or (b) an individual convicted of a felony whose crime may be adverse to the welfare of the estate, including but not limited to, crimes such as embezzlement or any crime where there was a misappropriation of money or a breach of fiduciary duty.