Every eligible person having a right to letters of administration with the will annexed prior or equal to that of the petitioner including an infant, incompetent or conservatee whose guardian, committee or conservator would be entitled to letters, and who has not renounced, must be served. The proceedings upon the application are the same as upon an application for administration upon the estate of an intestate. The court may dispense with the issuance and service of process upon non-domiciliaries.
N.Y. Surr. Ct. Proc. Act Law § 1419