2006 New York Code - When Letters Testamentary May Be Issued

 
  § 1414. When letters testamentary may be issued
    1.    After a will has been admitted to probate any person entitled to
  letters thereunder who is eligible and  who  appears  and  qualifies  is
  entitled to letters testamentary.
    2.    Where  a  judgment has been rendered in an action establishing a
  will the surrogate must record the will and issue letters as directed by
  the judgment.
    3.  A person entitled to letters upon a  contingency  may  appear  and
  show  that  the contingency has happened by which he is entitled to such
  letters.
    4.  A person named as an executor by a person other than the  testator
  under  a  valid  power  contained  in  a  will  must  appear and file an
  acknowledged selection of himself as an executor.