SCPA § 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 · as in force on May 31, 2026

§ 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.

Official sourcehttps://www.nysenate.gov/legislation/laws/SCP/707

In plain English

Letters may issue to a natural person or to a person authorized by law to be a fiduciary, subject to these exclusions.

(1)(a) An infant is ineligible.
(1)(b) An incompetent is ineligible.
(1)(c) A non-domiciliary noncitizen is ineligible unless a foreign guardian under § 1716(4) or serving with one or more co-fiduciaries, at least one of whom resides in New York; any such appointment is in the court's discretion. ★
(1)(d) A person is ineligible who lacks a fiduciary's qualifications because of substance abuse, dishonesty, improvidence, want of understanding, or other unfitness.
(2)(a) The court may declare ineligible a person unable to read and write English.
(2)(b) The court may declare ineligible a person convicted of a felony whose crime may be adverse to the estate's welfare, such as embezzlement, misappropriation of money, or breach of fiduciary duty. ★

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.