{"jurisdiction": "us-ny", "code": "scpa", "section": "707", "citation": "SCPA § 707", "heading": "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", "text": ["§ 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_source": "https://www.nysenate.gov/legislation/laws/SCP/707", "from_official_api": true, "plain_english": "Letters may issue to a **natural person** or to a person authorized by law to be a fiduciary, subject to these exclusions.\n- **(1)(a)** An **infant is ineligible**.\n- **(1)(b)** An **incompetent is ineligible**.\n- **(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**. ★\n- **(1)(d)** A person is ineligible who lacks a fiduciary's qualifications because of **substance abuse, dishonesty, improvidence, want of understanding**, or other unfitness.\n- **(2)(a)** The court **may** declare ineligible a person **unable to read and write English**.\n- **(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. ★", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/scpa/707", "publisher": "Elyphived LLC"}