§ 2113 — Proof or probate of heirship 1

New York § 2113

• Jurisdiction: New York
• Law SCP: Surrogate's Court Procedure
• Art. 21: Miscellaneous Proceedings

Text

§ 2113. Proof or probate of heirship\n 1. Where a person seized in fee of real property within the state\ndies intestate or without devising his real property, his distributees\nor any of them or any person deriving title from or through such\ndistributees or any of them may present either to the court which has\njurisdiction of the estate or to the court of a county where the real\nproperty or any part thereof is situated, a petition describing the\nproperty and showing the interest or share of the petitioner and of each\ndistributee of the decedent in the property and praying for a decree\nestablishing the right of inheritance thereto and that all the\ndistributees of the decedent be required to show cause why the prayer of\nthe petition should not be granted. Process must issue accordingly.\n 2. Upon the return of process the court must hear the allegations and\nproofs of the parties and determine the issues raised. The petitioner\nmust establish\n (a) The fact of the decedent's death.\n (b) His domicile at the time thereof.\n (c) His intestacy, either generally or as to the real property.\n (d) His distributees entitled to inherit the property.\n (e) The name, age, domicile and relationship to the decedent, of\neach, and\n (f) The interest or share of each in the property.\n 3. The decree determining the issues shall be recorded by the\npetitioner in the office of the county clerk or the register, as the\ncase may be, of each county in which the real property is situate, as\nprescribed by law for recording a deed.\n