{"jurisdiction": "us-ny", "code": "scpa", "section": "1418", "citation": "SCPA § 1418", "heading": "Letters of administration with will annexed; when and to whom granted 1", "text": ["§ 1418. Letters of administration with will annexed; when and to whom", "granted", "1. If no person is named as executor in the will or selected by virtue of a power contained therein or if at any time there is no executor or administrator with will annexed qualified to act, upon the application of any person who may petition for the probate of the will under 1402 the court must issue letters of administration with will annexed in the following order of priority:", "(a) to a sole beneficiary or if he be dead to his fiduciary;", "(b) to one or more of the residuary beneficiaries or, if any be dead, to his fiduciary;", "(c) if there is no eligible person entitled to letters under subparagraphs (a) and (b) of this subdivision who will accept, the court may issue letters to one or more of the persons interested in the estate or, if any be dead, to his fiduciary.", "2. If there is no eligible person entitled to letters under the foregoing subdivision who will accept or an appointment is not made by consent as provided in subdivision 6, letters shall issue to the public administrator or, if there be none for the county, to the treasurer of the county.", "3. If none of the persons mentioned in subdivisions 1 and 2 will accept letters the court may issue them to the petitioner or upon petitioner's refusal to accept the same to any person designated by the court.", "4. A corporation incorporated within the territorial limits of the United States which is a sole or residuary legatee may act as administrator with will annexed although not specifically so authorized by its charter or by any provision of law.", "5. If any person otherwise entitled to letters under subdivision 1 is an infant, incompetent or conservatee the court may issue letters with will annexed to the guardian of the property of the infant, the committee of the property of the incompetent, or the conservator of the property of the conservatee with the same priority as if the infant, incompetent or conservatee had himself been eligible to take letters.", "6. Administration may be granted to an eligible person or persons not entitled as beneficiaries upon the acknowledged and filed consent of all of the eligible beneficiaries, or if there are no eligible beneficiaries, then on the consent of all of the beneficiaries, except that the guardian of the property of an infant beneficiary, the committee of the property of an incompetent beneficiary or the conservator of the property of a conservatee beneficiary appointed within the state of New York, may so consent on behalf of his or her ward. For purposes of this subdivision, a beneficiary is eligible if letters of administration with will annexed could be issued to him or her alone or acting together with the person or persons or so nominated.", "7. Administration may be granted to a trust company or other corporation authorized to act as fiduciary upon the acknowledged and filed consents of all the eligible beneficiaries, or if there are no eligible beneficiaries, then on the consent of all beneficiaries, except that the guardian of the property of an infant beneficiary, the committee of the property of an incompetent beneficiary, or the conservator of the property of a conservatee beneficiary appointed within the state of New York, may so consent on behalf of his or her ward. For purposes of this subdivision, a beneficiary is eligible if letters of administration with will annexed could be issued to him or her alone or acting together with the trust company or other corporation so nominated.", "8. The court may refuse to issue letters of administration with will annexed where distribution of the estate is possible pursuant to the provisions of this act."], "official_source": "https://www.nysenate.gov/legislation/laws/SCP/1418", "from_official_api": true, "plain_english": "When no executor is named or selected under a power, or no executor or administrator c.t.a. is qualified to act, the court appoints an **administrator with the will annexed** on application of anyone who may petition for probate under **§ 1402**.\n- **(1)** The court **must** issue letters in this order: **(a)** the **sole beneficiary** (or a deceased one's fiduciary); **(b)** one or more **residuary beneficiaries** (or a deceased one's fiduciary); **(c)** if none of those is eligible and willing, the court **may** issue letters to one or more persons interested in the estate (or a deceased one's fiduciary). ★\n- **(2)** If no eligible person under (1) accepts and there is no consent appointment under (6), letters go to the **public administrator**, or the **county treasurer** if the county has none.\n- **(3)** If none of those accepts, the court may appoint the **petitioner**, or if the petitioner refuses, anyone the court designates.\n- **(4)** A corporation incorporated in the U.S. that is a **sole or residuary legatee** may serve without specific charter authority.\n- **(5)** If a person entitled under (1) is an infant, incompetent or conservatee, letters may go to the **guardian, committee or conservator of the property** with the same priority.\n- **(6)** Letters may go to an eligible **non-beneficiary** on the **acknowledged, filed consent of all eligible beneficiaries**, or of **all beneficiaries if none is eligible**; a New York-appointed guardian, committee or conservator may consent for a ward. A beneficiary is eligible if letters could issue to him or her alone or with the nominee. ★\n- **(7)** The same consent rule allows letters to a **trust company or other corporation** authorized to act as fiduciary.\n- **(8)** The court **may refuse** letters c.t.a. where the estate can be distributed under the act.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/scpa/1418", "publisher": "Elyphived LLC"}