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New York Surrogate's Court Procedure - Article 21 - § 2113 Proof or Probate of Heirship

Legal Research Home > New York Laws > New York Surrogate's Court Procedure (SCP) > New York Surrogate's Court Procedure - Article 21 - § 2113 Proof or Probate of Heirship

Surrogate's Court Procedure 
 
  § 2113. Proof or probate of heirship
    1.    Where  a  person seized in fee of real property within the state
  dies intestate or without devising his real property,  his  distributees
  or  any  of  them  or  any  person  deriving  title from or through such
  distributees or any of them may present either to the  court  which  has
  jurisdiction  of  the  estate or to the court of a county where the real
  property or any part thereof is  situated,  a  petition  describing  the
  property and showing the interest or share of the petitioner and of each
  distributee  of  the  decedent  in the property and praying for a decree
  establishing  the  right  of  inheritance  thereto  and  that  all   the
  distributees of the decedent be required to show cause why the prayer of
  the petition should not be granted.  Process must issue accordingly.
    2.  Upon the return of process the court must hear the allegations and
  proofs  of  the parties and determine the issues raised.  The petitioner
  must establish
    (a)  The fact of the decedent's death.
    (b)  His domicile at the time thereof.
    (c)  His intestacy, either generally or as to the real property.
    (d)  His distributees entitled to inherit the property.
    (e)  The name, age, domicile and  relationship  to  the  decedent,  of
  each, and
    (f)  The interest or share of each in the property.
    3.    The  decree  determining  the  issues  shall  be recorded by the
  petitioner in the office of the county clerk or  the  register,  as  the
  case  may  be,  of each county in which the real property is situate, as
  prescribed by law for recording a deed.

Last modified: March 9, 2013