§ 1421 — Election by surviving spouse 1

New York § 1421

• Jurisdiction: New York
• Law SCP: Surrogate's Court Procedure
• Art. 14: Probate Proceedings; Construction of Wills; Right of Election

Text

§ 1421. Election by surviving spouse\n 1. Any person interested in obtaining a determination as to the\nvalidity or effect of an election to take a share under EPTL 5-1.1 or\nEPTL 5-1.1-A may present to the court in which the will was probated or\nfrom which letters of administration were issued, a petition showing his\ninterest, the names and post-office addresses of the other persons\ninterested and the particular question concerning which he requests the\ndetermination of the court.\n 2. If the application be entertained process shall issue to all\npersons interested in the question to be presented to show cause why the\ndetermination should not be made. On the return of process the court may\ntake proof and shall make such decree as justice requires.\n 3. The validity or effect of any such election may also be determined\nin a proceeding for the judicial settlement of the accounts of a\nfiduciary.\n 4. For the purpose of determining the validity or effect of any\nelection made pursuant to EPTL 5-1.1 or EPTL 5-1.1-A, either under this\nsection or in a proceeding for the judicial settlement of the accounts\nof the fiduciary, a person interested shall include any person who has\nan interest in any of the transactions described in EPTL 5-1.1 or EPTL\n5-1.1-A. Where any such person has an interest as trustee of an express\ntrust it shall be sufficient to name and serve the trustee.\n 5. Whenever it shall appear that a fund or property required to be\nincluded in the net estate under EPTL 5-1.1 or EPTL 5-1.1-A has not come\ninto the possession of the fiduciary of the decedent as such, the court\nshall fix the liability of any person who has any interest in the fund\nor property or who has possession thereof, whether as trustee or\notherwise.\n