New York Surrogate's Court Procedure - Article 21 - § 2113 Proof or Probate of Heirship
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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
(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
(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.
Section: 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115
Last modified: March 9, 2013