N.Y. Surr. Ct. Proc. Act § 1711

§ 1711. Guardian by will or deed; qualification; renunciation\n 1. Where a deed containing the appointment of a guardian is not\nrecorded within 3 months after the death of the grantor, the person\nappointed is presumed to have renounced the appointment and if a\nguardian is thereafter appointed by the court the presumption is\nconclusive.\n 2. Where a will containing the appointment of a guardian is admitted\nto probate or a deed is recorded as prescribed in the preceding section,\nthe person appointed guardian must within 3 months thereafter qualify as\nprovided by 708 unless contrary to the express provisions of the will or\ndeed and by filing a petition showing the facts which entitle him to\nqualify and receive letters; otherwise he is deemed to have renounced\nthe appointment.\n 3. No guardian by will or deed shall receive any property other than\nthe property derived under the instrument of appointment without first\ngiving a bond in a penalty to be fixed by the court.\n 4. Either before or after the expiration of 3 months the court may\nextend the time so to qualify for such time as it deems reasonable, upon\ngood cause shown.\n 5. A person appointed guardian by will or deed may at any time before\nhe qualifies renounce the appointment by an acknowledged instrument\nfiled in the office of the court.\n