N.Y. SCP. LAW § 1001 : NY Code - Section 1001: Order of priority for granting letters of administration 1

Search N.Y. SCP. LAW § 1001 : NY Code - Section 1001: Order of priority for granting letters of administration 1

Letters  of  administration must be granted to the persons who are
  distributees of an intestate and who are eligible and  qualify,  in  the
  following order:
    (a) the surviving spouse,
    (b) the children,
    (c) the grandchildren,
    (d) the father or mother,
    (e) the brothers or sisters,
    (f)  any  other  persons who are distributees and who are eligible and
  qualify, preference being given to the person entitled  to  the  largest
  share in the estate, except as hereinafter provided:
    (i)   Where  there  are  eligible  distributees  equally  entitled  to
  administer the court may grant letters of administration to one or  more
  of such persons.
    (ii)  If  the distributees are issue of grandparents, other than aunts
  or uncles, on only one side, then letters of administration shall  issue
  to the public administrator or chief financial officer of the county.
    2.  If  the  sole distributee has died or is an infant, incompetent or
  conservatee, his fiduciary, committee or conservator, if he is  eligible
  and  qualifies shall be granted letters of administration. The court may
  deny letters to a guardian or committee of the person only.
    3.  (a)  Where  all  the  distributees  have  died  or  are   infants,
  incompetents   or   conservatees   the   court   may  grant  letters  of
  administration to a fiduciary, committee or conservator  of  a  deceased
  distributee  or infant, incompetent or conservatee distributee, if he is
  eligible  and  qualifies.    If  the  court  exercises  its   discretion
  preference  shall be given to the fiduciary, committee or conservator of
  the distributee entitled to the largest share in the estate.
    (b) Where all such distributees are equally entitled to share  in  the
  estate  the  court may grant letters of administration to one or more of
  their fiduciaries, committees or conservators, if they are eligible  and
  qualify.
    4.  (a)  Where a distributee who has died or is an infant, incompetent
  or conservatee would have had a prior right to letters of administration
  except for his death or disability the court may grant  letters  to  his
  fiduciary, committee or conservator, if he is eligible and qualifies.
    (b)  Where  no  eligible  distributee having a prior or equal right to
  letters  of  administration  will  accept  the  same   and   there   are
  distributees  who have died or are infants, incompetents or conservatees
  the court may grant letters to a fiduciary, committee or conservator  of
  a  deceased distributee, infant, incompetent or conservatee distributee,
  if he is eligible and qualifies. If the court exercises  its  discretion
  preference  shall be given to the fiduciary, committee or conservator of
  the distributee entitled to the largest share in the estate.
    (c) Where  all  such  distributees  who  have  died  or  are  infants,
  incompetents  or  conservatees in the circumstances of subdivision 4 (b)
  are equally entitled to share in the estate the court may grant  letters
  of  administration  to  one  or more of their fiduciaries, committees or
  conservators, if they are eligible and qualify.
    5. Upon the petition of a distributee having a prior or equal right to
  letters of administration the court may  grant  letters  jointly  to  an
  eligible distributee or distributees and to one or more eligible persons
  whether  distributees  or  not,  including  a  trust  company  or  other
  corporation authorized to act as fiduciary. Such joint fiduciaries shall
  be entitled to commissions as authorized by 2307.
    6. Letters of administration may be granted to an eligible distributee
  or to an eligible person who is not a distributee upon the  acknowledged

  and  filed  consents  of  all  eligible distributees, or if there are no
  eligible distributees, then on the consents of all distributees,  except
  that  the  guardian  of  the  property  of  an  infant  distributee, the
  committee   of  the  property  of  an  incompetent  distributee  or  the
  conservator of property of a conservatee appointed within the  State  of
  New York may so consent on behalf of his ward.
    7.  Letters  of  administration  may  be granted to a trust company or
  other corporation authorized to act as fiduciary upon  the  acknowledged
  and  filed  consents  of  all distributees inclusive of those who may be
  non-domiciliary aliens, provided that all  such  persons  are  otherwise
  eligible,  except  that  the  guardian  of  the  property  of  an infant
  distributee, the committee of the property of an incompetent distributee
  or the conservator of property of a  conservatee  appointed  within  the
  state of New York may so consent on behalf of his ward.
    8.  When letters are not granted under the foregoing provisions and an
  appointment is not made by consent as hereinbefore provided then letters
  of administration shall be granted in the following order:
    (a) to the public administrator, or the chief fiscal  officer  of  the
  county, or
    (b) to the petitioner, in the discretion of the court, or
    (c) to any other person or persons.
    9.  Letters  of administration may be granted by the court in any case
  in which a paper writing purporting to be a will has been filed  in  the
  court  and proceedings for its probate have not been instituted within a
  reasonable time or have not been diligently prosecuted.