SCPA § 1415

Supplementary letters, executors not named in letters not to act If the disability of an infant or a noncitizen named as an executor in a...  ·  as in force on May 31, 2026

§ 1415. Supplementary letters, executors not named in letters not to act

If the disability of an infant or a noncitizen named as an executor in a will be removed before the administration of the estate is completed he shall be entitled on petition showing the facts to supplementary letters testamentary to be issued in the same manner as the original letters to join in the completion of the administration of the estate with the person or persons previously appointed. A person named in a will as executor shall be deemed to be superseded by the issue to another person of letters testamentary and shall have no power or authority as executor until he or she appears and qualifies and letters testamentary are issued to him or her.

Official sourcehttps://www.nysenate.gov/legislation/laws/SCP/1415

In plain English

An executor whose disability as an infant or noncitizen ends before estate administration is complete may petition for supplementary letters testamentary and join the previously appointed fiduciaries in finishing the estate. ★ A named executor who was superseded when letters issued to someone else has no executor authority until appearing, qualifying, and receiving letters.

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 1 — The Surrogate's Court in Plain English; Volume 2 — The Surrogate's Court Procedure Act; Volume 5 — Your Career: Surrogate's Court in Plain English.