New York § 1403 Persons to be served; content of process 1

New York Statutes

§ 1403 — Persons to be served; content of process 1

New York § 1403

Law SCPSurrogate's Court Procedure

Art. 14Probate Proceedings; Construction of Wills; Right of Election

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Bluebook

N.Y. Surrogate's Court Procedure § 1403 (2026).

Text

§ 1403. Persons to be served; content of process\n  1.  In a proceeding for the probate of a will process must issue to\nthe following persons if not petitioners:\n  (a)  The distributees of the testator.\n  (b)  The person or persons designated in the will as executor except\nthat a person designated in the will as substitute or successor executor\nin the event the designated executor cannot act or fails to qualify need\nnot be served where the designated executor is under no disability.\n  (c)  Any person designated in the will as beneficiary, executor,\ntrustee or guardian, whose rights or interests are adversely affected by\nany other instrument offered for probate that is later in date of\nexecution or which amends or modifies an instrument offered for probate.\n  (d)  Any person desi

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§ 1403. Persons to be served; content of process\n 1. In a proceeding for the probate of a will process must issue to\nthe following persons if not petitioners:\n (a) The distributees of the testator.\n (b) The person or persons designated in the will as executor except\nthat a person designated in the will as substitute or successor executor\nin the event the designated executor cannot act or fails to qualify need\nnot be served where the designated executor is under no disability.\n (c) Any person designated in the will as beneficiary, executor,\ntrustee or guardian, whose rights or interests are adversely affected by\nany other instrument offered for probate that is later in date of\nexecution or which amends or modifies an instrument offered for probate.\n (d) Any person designated as beneficiary, executor, trustee or\nguardian in any other will of the same testator filed in the surrogate's\ncourt of the county in which the propounded will is filed whose rights\nor interests are adversely affected by the instrument offered for\nprobate.\n (e) If the propounded will expressly refers to an instrument which\ncreated a power of appointment and purports to exercise such power of\nappointment, any persons designated in the instrument that created such\npower of appointment whose rights or interests are adversely affected by\nthe instrument offered for probate.\n (f) The testator in any case where the petition alleges that the\ntestator is believed to be dead.\n (g) The state tax commission in the case of a non-domiciliary\ntestator.\n (h) Where any person to whom process is required to be issued has\ndied, process shall issue to his fiduciary and if none has been\nappointed, to all persons interested as distributees, nominated\nfiduciaries or named as legatees or devisees under any will of the\ndeceased filed in the court.\n (i) The provisions of section three hundred fifteen shall apply to a\nproceeding under this section.\n 2. The process must set forth the name of the proponent and if the\nwill is nuncupative, that fact.\n