N.Y. Surrogate's Court Procedure Act § 1414 (2026)

§ 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.