SCPA 1417 · Article 14. Probate Proceedings; Construction of Wills; Right of Election
Renunciation by nominated executor; retraction thereof
Text — Law content up to date as of September 18, 2026, as published by the New York State Senate (Open Legislation)
§ 1417. Renunciation by nominated executor; retraction thereof
1. A person named as executor in a will may renounce his right to letters testamentary by an acknowledged instrument.
2. A renunciation may be retracted by an instrument executed in like manner as required for the execution of a renunciation at any time before letters testamentary or letters of administration with will annexed have been issued to any other person in his place or after they have been so issued, if such letters have been revoked or the person to whom they were issued has died or become an incompetent and there is no other acting executor or administrator.
3. Where a retraction is so made letters testamentary may be issued to the person making it upon such notice as directed by the court.
4. An instrument specified in this section must be filed in the court having jurisdiction over the estate.
Source of truth
- Edition
- Law content up to date as of September 18, 2026, as published by the New York State Senate (Open Legislation)
- Official file
- https://legislation.nysenate.gov/pdf/laws/SCP1417
- Text hash
- sha256 f2ab3bfe6b289593a5c9fb42338e47a705ee087278b1420bbb32e297bdb617ce
- Composed by
- gen_ny_statutes.py 2026-11-10: the Senate's Open Legislation law tree (GET /api/3/laws/<ID>?full=true) read in document order; the Senate's PDF of the whole law (GET /pdf/laws/<ID>?full=true), read with PDFium, prints the same words in the same order
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.