# N.Y. SCP Law § 708: Qualification of fiduciaries Before letters are granted to a fiduciary, the fiduciary shall file in the surrogate's court or family court: 1 > New York · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_NY_ASCP_A7_S708 ## Section - **Citation:** N.Y. SCP Law § 708 - **Heading:** Qualification of fiduciaries Before letters are granted to a fiduciary, the fiduciary shall file in the surrogate's court or family court: 1 - **Jurisdiction:** New York - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** New York Code / Act SCP / Article 7 / Section 708 ## Text § 708. Qualification of fiduciaries\n Before letters are granted to a fiduciary, the fiduciary shall file in\nthe surrogate's court or family court:\n 1. An acknowledged instrument stating the fiduciary's domiciliary\naddress and designating the clerk of the court to receive service of any\nprocess issuing from the court in like manner and with like effect as if\nit were served personally upon the fiduciary, whenever the person so\nreceiving letters cannot be found and served within the state after due\ndiligence, which designation shall be irrevocable and shall continue in\neffect so long as the fiduciary remains in office and until full\ncompliance by the fiduciary with the terms of a decree providing for his\nor her final discharge. If the fiduciary shall change his or her address\nso stated the fiduciary shall promptly notify the court of the new\naddress.\n 2. Unless exempted, an official oath taken before any officer\nauthorized to administer oaths, to the effect that the fiduciary will\nwell, faithfully and honestly discharge the duties of the office and the\ntrust reposed in him or her and duly account for all moneys or other\nproperty which may come into his or her hands. The oath shall also\ndescribe the office, and state that the fiduciary is not ineligible to\nreceive letters.\n 3. Such bond as may be required by law or by order of the court.\n 4. In the case of a trust company or other fiduciary exempted by law\nfrom taking an oath of office and filing a bond, an acknowledged consent\nto accept its appointment.\n 5. In the case of a foreign banking corporation or trust company\norganized under the laws of another state, compliance with subdivision 3\nof section 131 of the banking law is required.\n ## Nearby sections - [N.Y. SCP Law § 701 Requisites of letters 1](https://www.frixlaw.com/law-library/statutes/STATE_NY_ASCP_A7_S701.md) - [N.Y. SCP Law § 702 Limited and restrictive letters Letters may be granted limiting and restricting the powers and rights of the holder thereof: 1](https://www.frixlaw.com/law-library/statutes/STATE_NY_ASCP_A7_S702.md) - [N.Y. SCP Law § 703 Letters evidence of authority; effect of appeal 1](https://www.frixlaw.com/law-library/statutes/STATE_NY_ASCP_A7_S703.md) - [N.Y. SCP Law § 704 Priority among different letters A person who applies in good faith therefor, and to whom letters are first issued from a court having ju...](https://www.frixlaw.com/law-library/statutes/STATE_NY_ASCP_A7_S704.md) - [N.Y. SCP Law § 705 Time, how reckoned upon successive letters Where it is prescribed by law that an act must or may be done within a specified time after le...](https://www.frixlaw.com/law-library/statutes/STATE_NY_ASCP_A7_S705.md) - [N.Y. SCP Law § 706 When surviving or remaining fiduciary may act; when successor must be appointed 1](https://www.frixlaw.com/law-library/statutes/STATE_NY_ASCP_A7_S706.md) - [N.Y. SCP Law § 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](https://www.frixlaw.com/law-library/statutes/STATE_NY_ASCP_A7_S707.md) - [N.Y. SCP Law § 708 Qualification of fiduciaries Before letters are granted to a fiduciary, the fiduciary shall file in the surrogate's court or family court: 1](https://www.frixlaw.com/law-library/statutes/STATE_NY_ASCP_A7_S708.md) - [N.Y. SCP Law § 709 Objection to grant of letters or appointment of lifetime trustee Any person interested, including a nominated fiduciary, before letters a...](https://www.frixlaw.com/law-library/statutes/STATE_NY_ASCP_A7_S709.md) - [N.Y. SCP Law § 710 Objections which require bond from fiduciary not otherwise required to file bond 1](https://www.frixlaw.com/law-library/statutes/STATE_NY_ASCP_A7_S710.md) - [N.Y. SCP Law § 711 Suspension, modification or revocation of letters or removal for disqualification or misconduct In any of the following cases a co-fiduci...](https://www.frixlaw.com/law-library/statutes/STATE_NY_ASCP_A7_S711.md) - [N.Y. SCP Law § 712 Petition; process thereupon; suspension A petition as prescribed in the preceding section must show that the case is one therein specifie...](https://www.frixlaw.com/law-library/statutes/STATE_NY_ASCP_A7_S712.md) - [N.Y. SCP Law § 713 Hearing; decree Upon the return of process issued as prescribed in the preceding section the court may make a decree suspending, modifyin...](https://www.frixlaw.com/law-library/statutes/STATE_NY_ASCP_A7_S713.md) - [N.Y. SCP Law § 714 Certain orders or decrees of other courts to be filed in the surrogate's court Whenever the supreme court shall suspend or remove or acce...](https://www.frixlaw.com/law-library/statutes/STATE_NY_ASCP_A7_S714.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_NY_ASCP_A7_S708. Check the current official text before relying on it. Not legal advice.