N.Y. Surrogate's Court Procedure Act § 707 (2026)

§ 707. Eligibility to receive letters
  Letters may issue to a natural person or to a person authorized by law
to be a fiduciary except as follows:
  1. Persons ineligible
  (a) an infant
  (b) an incompetent
  (c) a non-domiciliary noncitizen except one who is a foreign guardian
as provided in subdivision four of section one thousand seven hundred
sixteen of this chapter, or one who shall serve with one or more
co-fiduciaries, at least one of whom is resident in this state. Any
appointment of a non-domiciliary noncitizen fiduciary or a New York
resident fiduciary hereunder shall be made by the court in its
discretion
  (d) one who does not possess the qualifications required of a
fiduciary by reason of substance abuse, dishonesty, improvidence, want
of understanding, or who is otherwise unfit for the execution of the
office.
  2. Persons ineligible in court's discretion. The court may declare
ineligible to act as fiduciary:
  (a) a person unable to read and write the English language; or
  (b) an individual convicted of a felony whose crime may be adverse to
the welfare of the estate, including but not limited to, crimes such as
embezzlement or any crime where there was a misappropriation of money or
a breach of fiduciary duty.