N.Y. SCP Law § 1303

§ 1303. Persons who may become a voluntary administrator.\n (a) If the deceased dies intestate, the right to act as a voluntary\nadministrator is hereby given first to the surviving adult spouse, if\nany, of the decedent and if there be none or if the spouse renounce,\nthen in order to a competent adult who is a child or grandchild, parent,\nbrother or sister, niece or nephew or aunt or uncle of the decedent, or\nif there be no such person who will act, then to the guardian of the\nproperty of an infant, the committee of the property of any incompetent\nperson or the conservator of the property of a conservatee who is a\ndistributee and if none of the foregoing named persons will act or if\nthere are no known distributees within the categories listed above, then\nto the chief fiscal officer of the county except in those counties in\nwhich a public administrator has been appointed under articles eleven\nand twelve of this act. After the surviving spouse, the first\ndistributee within the class of persons entitled or if no distributee\nwill act or there are no known distributees within the class of persons\nentitled, then the chief fiscal officer of the county as above who makes\nand files the required affidavit, is authorized to act as voluntary\nadministrator, or as successor voluntary administrator in the event of\nthe death or resignation of the voluntary administrator before the\ncompletion of the settlement of the estate.\n (b) If the deceased dies testate, the named executor or alternate\nexecutor shall have the first right to act as voluntary administrator,\nupon filing the last will and testament with the surrogate's court. If\nthe named executor or alternate executor renounces or fails to qualify\nby filing the required affidavit within thirty days after the last will\nand testament has been filed in the surrogate's court, then any adult\nperson who would be entitled to petition for letters of administration\nwith will annexed under section 1418 of this chapter may file the\nrequired affidavit and have the right to act as voluntary administrator.\n (c) No person other than one hereinbefore mentioned can become a\nvoluntary administrator.\n