New York Consolidated Laws, Surrogate's Court Procedure Act - SCP § 1711. Guardian by will or deed; qualification; renunciation

1. Where a deed containing the appointment of a guardian is not recorded within 3 months after the death of the grantor, the person appointed is presumed to have renounced the appointment and if a guardian is thereafter appointed by the court the presumption is conclusive.

2. Where a will containing the appointment of a guardian is admitted to probate or a deed is recorded as prescribed in the preceding section, the person appointed guardian must within 3 months thereafter qualify as provided by 708 unless contrary to the express provisions of the will or deed and by filing a petition showing the facts which entitle him to qualify and receive letters; otherwise he is deemed to have renounced the appointment.

3. No guardian by will or deed shall receive any property other than the property derived under the instrument of appointment without first giving a bond in a penalty to be fixed by the court.

4. Either before or after the expiration of 3 months the court may extend the time so to qualify for such time as it deems reasonable, upon good cause shown.

5. A person appointed guardian by will or deed may at any time before he qualifies renounce the appointment by an acknowledged instrument filed in the office of the court.