In re the Estate of Lode

OPINION OF THE COURT

Renee R. Roth, S.

In this probate proceeding, the court is requested to issue letters of administration c. t. a. to Rosi Lode, a nondomiciliary alien and her attorney, a New York domiciliary.

This application requires construction of the newly amended paragraph (c) of subdivision (1) of SCPA 707 (L 1986, ch 780, eff Aug. 2, 1986). Prior to the amendment, a nondomiciliary alien could not serve as fiduciary in this State. The - new provision permits a nondomiciliary alien [who is appointed] by the decedent’s will [or] by the court” to serve as fiduciary, provided such person…