2006 New York Code - Persons Who May Become A Voluntary Administrator.

 
  § 1303. Persons who may become a voluntary administrator.
    (a)  If  the  deceased dies intestate, the right to act as a voluntary
  administrator is hereby given first to the surviving  adult  spouse,  if
  any,  of  the  decedent  and if there be none or if the spouse renounce,
  then in order to a competent adult who is a child or grandchild, parent,
  brother or sister, niece or nephew or aunt or uncle of the decedent,  or
  if  there  be  no  such person who will act, then to the guardian of the
  property of an infant, the committee of the property of any  incompetent
  person  or  the  conservator  of  the property of a conservatee who is a
  distributee and if none of the foregoing named persons will  act  or  if
  there are no known distributees within the categories listed above, then
  to  the  chief  fiscal officer of the county except in those counties in
  which a public administrator has been appointed  under  articles  eleven
  and   twelve  of  this  act.  After  the  surviving  spouse,  the  first
  distributee within the class of persons entitled or  if  no  distributee
  will  act or there are no known distributees within the class of persons
  entitled, then the chief fiscal officer of the county as above who makes
  and files the required affidavit, is  authorized  to  act  as  voluntary
  administrator,  or  as successor voluntary administrator in the event of
  the death or resignation  of  the  voluntary  administrator  before  the
  completion of the settlement of the estate.
    (b)  If  the  deceased  dies  testate, the named executor or alternate
  executor shall have the first right to act as  voluntary  administrator,
  upon  filing  the last will and testament with the surrogate's court. If
  the named executor or alternate executor renounces or fails  to  qualify
  by  filing the required affidavit within thirty days after the last will
  and testament has been filed in the surrogate's court,  then  any  adult
  person  who  would be entitled to petition for letters of administration
  with will annexed under section  1418  of  this  chapter  may  file  the
  required affidavit and have the right to act as voluntary administrator.
    (c)  No  person  other  than  one  hereinbefore mentioned can become a
  voluntary administrator.