SCPA 1412 authorizes preliminary letters testamentary in New York.
SCPA 1412 provides, in part:
§ 1412. Preliminary letters testamentary
1. Whenever a petition for probate of a will (other than a lost or destroyed will) has been filed and process has issued thereon, an executor named in the will may file with the court a written request for the issuance to him of preliminary letters testamentary. In its discretion the court may accept a written request for such letters prior to the issuance of process upon such proof as the court shall deem necessary. Where the request is made by one of several nominated executors, notice shall be given to all persons who under the terms of the will have a right to letters testamentary equal to that of the petitioner. Where there is another will of the same testator on file in the court that is later in date than the propounded instrument, notice shall be given to all persons who under the terms of the later will would have the right to letters testamentary immediately upon probate of such later will.
Q: Who can apply for preliminary letters testamentary? A: An executor named in the will.
Q: Does the court have to appoint the preliminary executor? A: No, the court has the discretion.
Here is a sample application for letters testamentary from a case I'm studying:
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