{"jurisdiction": "us-ny", "code": "scpa", "section": "1303", "citation": "SCPA § 1303", "heading": "Persons who may become a voluntary administrator", "text": ["§ 1303. Persons who may become a voluntary administrator.", "(a) If the deceased dies intestate, the right to act as a voluntary administrator is hereby given first to the surviving adult spouse, if any, of the decedent and if there be none or if the spouse renounce, then in order to a competent adult who is a child or grandchild, parent, brother or sister, niece or nephew or aunt or uncle of the decedent, or if there be no such person who will act, then to the guardian of the property of an infant, the committee of the property of any incompetent person or the conservator of the property of a conservatee who is a distributee and if none of the foregoing named persons will act or if there are no known distributees within the categories listed above, then to the chief fiscal officer of the county except in those counties in which a public administrator has been appointed under articles eleven and twelve of this act. After the surviving spouse, the first distributee within the class of persons entitled or if no distributee will act or there are no known distributees within the class of persons entitled, then the chief fiscal officer of the county as above who makes and files the required affidavit, is authorized to act as voluntary administrator, or as successor voluntary administrator in the event of the death or resignation of the voluntary administrator before the completion of the settlement of the estate.", "(b) If the deceased dies testate, the named executor or alternate executor shall have the first right to act as voluntary administrator, upon filing the last will and testament with the surrogate's court. If the named executor or alternate executor renounces or fails to qualify by filing the required affidavit within thirty days after the last will and testament has been filed in the surrogate's court, then any adult person who would be entitled to petition for letters of administration with will annexed under section 1418 of this chapter may file the required affidavit and have the right to act as voluntary administrator.", "(c) No person other than one hereinbefore mentioned can become a voluntary administrator."], "official_source": "https://www.nysenate.gov/legislation/laws/SCP/1303", "from_official_api": true, "plain_english": "Only the listed people may serve as voluntary administrator, in the stated order.\n- **(a)** For intestacy, priority is the **surviving adult spouse**, then a competent adult child or grandchild, parent, sibling, niece or nephew, or aunt or uncle; then a property representative of a disabled distributee; then the county chief fiscal officer where no public administrator serves. The first entitled person who files the affidavit may act or succeed a prior voluntary administrator. ★\n- **(b)** With a will, the **named or alternate executor has first priority after filing the will**. If that person renounces or fails to file the affidavit **within 30 days after the will is filed**, an adult eligible under **§ 1418** may act. ★\n- **(c)** **No unlisted person may become voluntary administrator**.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/scpa/1303", "publisher": "Elyphived LLC"}