New York § 1602 Ancillary probate based upon domiciliary probate 1

New York Statutes

§ 1602 — Ancillary probate based upon domiciliary probate 1

New York § 1602

Law SCPSurrogate's Court Procedure

Art. 16Foreign Estates

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Bluebook

N.Y. Surrogate's Court Procedure § 1602 (2026).

Text

§ 1602.  Ancillary probate based upon domiciliary probate\n  1.  A written will which upon probate may operate upon any property in\nthis state shall be admitted to probate by the surrogate's court having\njurisdiction over the property upon proof that it has been admitted to\nprobate at the testator's domicile or has been established in accordance\nwith the law of such jurisdiction, and if its probate or establishment\nremains subject to contest under the law of his domicile, upon proof\nthat it is not being contested thereat.  A will so admitted to probate\nunder this section is sufficient to operate on any property within the\nterms of the will, subject to any limitations upon its operation imposed\nby the law of the testator's domicile in respect of legal capacity.\nRights granted by t

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§ 1602. Ancillary probate based upon domiciliary probate\n 1. A written will which upon probate may operate upon any property in\nthis state shall be admitted to probate by the surrogate's court having\njurisdiction over the property upon proof that it has been admitted to\nprobate at the testator's domicile or has been established in accordance\nwith the law of such jurisdiction, and if its probate or establishment\nremains subject to contest under the law of his domicile, upon proof\nthat it is not being contested thereat. A will so admitted to probate\nunder this section is sufficient to operate on any property within the\nterms of the will, subject to any limitations upon its operation imposed\nby the law of the testator's domicile in respect of legal capacity.\nRights granted by the law of the domicile to take against the will are\nnot affected by this section.\n 2. A will offered for probate under this section may be contested\nonly upon the ground that the conditions prescribed herein have not been\nsatisfied or that the will has been denied probate in this state.\n