New York § 1603 Effect of right to contest or of revocation 1

New York Statutes

§ 1603 — Effect of right to contest or of revocation 1

New York § 1603

Law SCPSurrogate's Court Procedure

Art. 16Foreign Estates

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Bluebook

N.Y. Surrogate's Court Procedure § 1603 (2026).

Text

§ 1603.  Effect of right to contest or of revocation\n  1.  If under the law of the testator's domicile the probate or\nestablishment of his will therein is subject to contest within a time\nspecified after probate or establishment, no property shall be\ntransmitted to the domicile or distributed to beneficiaries under the\nwill during such period of time unless the court which granted ancillary\nprobate authorizes such transmission or distribution upon proof that\n  (a)  7 months have elapsed since the issuance of ancillary letters in\nthis state,\n  (b)  a contest of the will is not pending in the testator's domicile\nand\n  (c) either the time provided in the domicile for the institution of a\ncontest has expired or one year has expired since the will was admitted\nto ancillary probate 

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§ 1603. Effect of right to contest or of revocation\n 1. If under the law of the testator's domicile the probate or\nestablishment of his will therein is subject to contest within a time\nspecified after probate or establishment, no property shall be\ntransmitted to the domicile or distributed to beneficiaries under the\nwill during such period of time unless the court which granted ancillary\nprobate authorizes such transmission or distribution upon proof that\n (a) 7 months have elapsed since the issuance of ancillary letters in\nthis state,\n (b) a contest of the will is not pending in the testator's domicile\nand\n (c) either the time provided in the domicile for the institution of a\ncontest has expired or one year has expired since the will was admitted\nto ancillary probate under this article.\n 2. An ancillary fiduciary who transmits assets to the domicile or\ndistributes to beneficiaries in good faith and pursuant to an order or\ndecree under subdivision 1 shall be discharged from any liability even\nif the probate or establishment of the will at the domicile is\nthereafter set aside or revoked for any cause whatever.\n