SCPA § 1417

Renunciation by nominated executor; retraction thereof 1 · as in force on May 31, 2026

§ 1417. Renunciation by nominated executor; retraction thereof

1. A person named as executor in a will may renounce his right to letters testamentary by an acknowledged instrument.

2. A renunciation may be retracted by an instrument executed in like manner as required for the execution of a renunciation at any time before letters testamentary or letters of administration with will annexed have been issued to any other person in his place or after they have been so issued, if such letters have been revoked or the person to whom they were issued has died or become an incompetent and there is no other acting executor or administrator.

3. Where a retraction is so made letters testamentary may be issued to the person making it upon such notice as directed by the court.

4. An instrument specified in this section must be filed in the court having jurisdiction over the estate.

Official sourcehttps://www.nysenate.gov/legislation/laws/SCP/1417

In plain English

A nominated executor may give up, and in limited circumstances take back, the right to letters testamentary.

(1) The executor may renounce by an acknowledged instrument.
(2) The executor may retract in the same form before replacement letters issue, or afterward if those letters were revoked or their holder died or became incompetent and no other executor or administrator is acting. ★
(3) After a valid retraction, the court may issue letters testamentary on notice it directs.
(4) The instrument must be filed in the court with jurisdiction over the estate.

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.