§ 1605 — Original probate 1

New York § 1605

• Jurisdiction: New York
• Law SCP: Surrogate's Court Procedure
• Art. 16: Foreign Estates

Text

§ 1605. Original probate\n 1. A will of a non-domiciliary which upon probate may operate upon\nany property in this state and is deemed by the laws of this state to\nhave been validly executed for probate in this state, may be admitted to\nprobate in the same manner as any other will may be admitted to probate\nunder this act, except as herein otherwise prescribed.\n 2. A will which has been admitted to probate or established in the\ntestator's domicile shall not thereafter be admitted to original probate\nin this state except\n (a) in a case where the court is satisfied that ancillary probate\nwould be unduly expensive, inconvenient or impossible under the\ncircumstances,\n (b) where the testator has directed in such will that it shall be\noffered for probate in this state or\n (c) where the laws of testator's domicile discriminate against\ndomiciliaries of New York either as a beneficiary or a fiduciary.\n 3. A will which by judgment or decree of a competent court in the\ntestator's domicile has been denied probate or establishment shall not\nbe admitted to probate in this state except where the denial of probate\nor establishment is solely for a cause which is not ground for rejection\nof a will of a domiciliary testator.\n