§ 1409. Notice of probate\n 1. Before letters are issued there shall be filed in the court a\nnotice entitled in the proceeding stating the name of the testator, the\nname and address of the proponent, and that the will of the testator has\nbeen offered for probate or probated, as the case may be. The notice\nshall further set forth the name and post-office address of each person\nnamed or referred to in the petition who has not been served or has not\nappeared or waived service of process and shall state whether such\nperson is named or referred to in the will as legatee, devisee, trustee,\nguardian or substitute or successor executor, trustee or guardian. The\nnotice shall further set forth the name and post-office address of the\nattorney general of the state of New York if the will th
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§ 1409. Notice of probate\n 1. Before letters are issued there shall be filed in the court a\nnotice entitled in the proceeding stating the name of the testator, the\nname and address of the proponent, and that the will of the testator has\nbeen offered for probate or probated, as the case may be. The notice\nshall further set forth the name and post-office address of each person\nnamed or referred to in the petition who has not been served or has not\nappeared or waived service of process and shall state whether such\nperson is named or referred to in the will as legatee, devisee, trustee,\nguardian or substitute or successor executor, trustee or guardian. The\nnotice shall further set forth the name and post-office address of the\nattorney general of the state of New York if the will that has been\noffered for probate contains a charitable bequest which is either to an\nunnamed charitable organization or is in an unspecified amount,\nincluding but not limited to, a bequest of all or part of the residuary\nestate.\n (a) Where by the terms of the will an interest in a trust or other\nfund or property has been limited in any contingency to the persons who\nshall compose a certain class upon the happening of a future event it\nshall be sufficient to name only the persons in being at the death of\nthe decedent who would constitute the class if such event had happened\nimmediately before the date of such notice, and who have not been served\nor appeared or waived service of process.\n (b) Where by the terms of the will an interest in a trust or other\nfund or property has been limited to a person who is named in such\nnotice or who has been served or has appeared or waived notice of\nprocess, and has been further limited upon the happening of a future\nevent to a class of persons described in terms of their relationship to\nsuch person it shall not be necessary to name such class of persons.\n 2. There shall be filed with the notice proof by affidavit of the\nmailing of a copy thereof to each of the persons required by the\npreceding subdivision to be named in such notice, and if any person is\nan infant or an incompetent, of the mailing of a copy thereof to the\nperson or persons upon whom personal service of process is required to\nbe made with respect to the infant or incompetent. When it appears by\nthe petition for probate that the name or address of any person referred\nto in this section is unknown mailing to such person of the notice\nherein described shall not be required.\n 3. Upon the probate of an estate and distribution of its assets, if\nany, under this chapter, if an undistributed asset is subsequently found\nby the estate, the surrogate's court that granted such probate petition\nshall maintain jurisdiction and shall not require any additional service\nof the notice required by this section to be served again by the estate,\nunless such previously undiscovered asset has an estimated value of more\nthan five thousand dollars or it has been more than seven years since\nthe distribution of the assets pursuant to the original probate.\n