2006 New York Code - Executor Failing To Qualify Or Renounce; How Excluded

 
  § 1416. Executor failing to qualify or renounce; how excluded
    1.    Upon  the  application  of a fiduciary, a person interested or a
  creditor, the court shall direct an executor named in a will to  qualify
  within  a  time  specified  by the court or in default of so doing to be
  deemed to have renounced the appointment in any case where
    (a)  a person named as executor in a will does not qualify or renounce
  within 15 days after probate thereof or
    (b)  a person chosen by virtue of a power in a will does  not  qualify
  or   renounce  within  15  days  after  the  filing  of  the  instrument
  designating him or
    (c)  objections are filed to the grant of letters to a person named as
  executor in a will or chosen by virtue of a power therein contained  and
  such  person  does  not  qualify  or  renounce  within  5 days after the
  objections have been determined in his favor or, in a case specified  in
  710, within 5 days after an objection to letters has been established.
    2.    Where  it  appears  by  affidavit  or other written proof to the
  satisfaction of the court that such an order cannot with  due  diligence
  be  served personally within the state upon the person therein named the
  court may prescribe the manner in which it must be served.
    3.  If the person so designated executor does not qualify  within  the
  time  fixed  or within such further time as the court may allow for that
  purpose an order shall be made  declaring  that  he  has  renounced  his
  appointment  as executor.  Such an order may be revoked by the court and
  letters testamentary issued to the person  so  failing  to  renounce  or
  qualify  upon his application in a case where he might have retracted an
  express renunciation as prescribed in the succeeding section.