onecle - legal research

Court Opinions

State Laws

US Code

US Constitution

New York Surrogate's Court Procedure - Article 14 - (1401 - 1424) Probate Proceedings; Construction of Wills; Right of Election

Legal Research Home > New York Lawyer

  • New York Surrogate's Court Procedure - Article 14 - Probate Proceedings; Construction of Wills; Right of Election
    Section 1401. Proceeding to compel production of will. 1402. Who may propound will; contents of petition; direction of court. 1403. Persons to be served; content...
  • New York Surrogate's Court Procedure - § 1401 - Proceeding to Compel Production of Will
    Whenever it shall appear to the court, sua sponte, or by the petition of a person authorized under the succeeding section of this act to...
  • New York Surrogate's Court Procedure - § 1402 - Who May Propound Will; Contents of Petition; Direction of Court
    1. Who may petition. A petition for the probate of a will may be presented by (a) any person designated in the will as legatee,...
  • New York Surrogate's Court Procedure - § 1403 - Persons to Be Served; Content of Process
    1. In a proceeding for the probate of a will process must issue to the following persons if not petitioners: (a) The distributees of the...
  • New York Surrogate's Court Procedure - § 1404 - Witnesses to Be Examined; Proof Required
    1. Except as otherwise provided in this article, 2 at least, of the attesting witnesses must be produced before the court and examined before a...
  • New York Surrogate's Court Procedure - § 1405 - When Court May Dispense With Testimony of Witness
    1. The death, absence from the state or incompetency of an attesting witness required to be examined as prescribed in this or the preceding section...
  • New York Surrogate's Court Procedure - § 1406 - Proof of Will by Affidavit of Attesting Witness Out of Court
    1. In addition to other procedures prescribed for the proof of wills, any or all of the attesting witnesses to a will may at the...
  • New York Surrogate's Court Procedure - § 1407 - Proof of Lost or Destroyed Will
    A lost or destroyed will may be admitted to probate only if 1. It is established that the will has not been revoked, and 2....
  • New York Surrogate's Court Procedure - § 1408 - Probate Not Allowed Unless Court Satisfied
    1. Before admitting a will to probate the court must inquire particularly into all the facts and must be satisfied with the genuineness of the...
  • New York Surrogate's Court Procedure - § 1409 - Notice of Probate
    1. Before letters are issued there shall be filed in the court a notice entitled in the proceeding stating the name of the testator, the...
  • New York Surrogate's Court Procedure - § 1410 - Who May File Objections to Probate of an Alleged Will
    Any person whose interest in property or in the estate of the testator would be adversely affected by the admission of the will to probate...
  • New York Surrogate's Court Procedure - § 1411 - Citation Upon Filing of Objections
    1. Whenever objections are filed to the probate of a will, the proponent shall submit to the court for issuance a citation returnable at a...
  • New York Surrogate's Court Procedure - § 1412 - Preliminary Letters Testamentary
    at any time (a) if it shall appear that the preliminary executor is guilty of unreasonable delay in the probate proceeding or (b) for any...
  • New York Surrogate's Court Procedure - § 1413 - Revocation of Letters Upon Proof of Will
    Where temporary letters of administration, preliminary letters testamentary or letters of administration on the ground of intestacy have been granted and a will is thereafter...
  • New York Surrogate's Court Procedure - § 1414 - When Letters Testamentary May Be Issued
    1. After a will has been admitted to probate any person entitled to letters thereunder who is eligible and who appears and qualifies is entitled...
  • New York Surrogate's Court Procedure - § 1415 - Supplementary Letters, Executors Not Named in Letters Not to Act
    If the disability of an infant or an alien named as an executor in a will be removed before the administration of the estate is...
  • New York Surrogate's Court Procedure - § 1416 - Executor Failing to Qualify or Renounce; How Excluded
    1. Upon the application of a fiduciary, a person interested or a creditor, the court shall direct an executor named in a will to qualify...
  • New York Surrogate's Court Procedure - § 1417 - Renunciation by Nominated Executor; Retraction Thereof
    1. A person named as executor in a will may renounce his right to letters testamentary by an acknowledged instrument. 2. A renunciation may be...
  • New York Surrogate's Court Procedure - § 1418 - Letters of Administration With Will Annexed; When and to Whom Granted
    1. If no person is named as executor in the will or selected by virtue of a power contained therein or if at any time...
  • New York Surrogate's Court Procedure - § 1419 - Process; Renunciation or Exclusion of Persons Having Prior or Equal Right
    Every eligible person having a right to letters of administration with the will annexed prior or equal to that of the petitioner including an infant,...
  • New York Surrogate's Court Procedure - § 1420 - Proceeding for Construction of Will; Effect of Decree
    1. A fiduciary or a person interested in obtaining a determination as to the validity, construction or effect of any provision of a will may...
  • New York Surrogate's Court Procedure - § 1421 - Election by Surviving Spouse
    1. Any person interested in obtaining a determination as to the validity or effect of an election to take a share under EPTL 5-1.1 or...
  • New York Surrogate's Court Procedure - § 1422 - Record of Wills; Evidence
    A certified copy of the record of the decree admitting a will to probate and of the record of the will so admitted to probate...
  • New York Surrogate's Court Procedure - § 1423 - Record of Wills in Former Courts of Probate; Evidence
    The exemplification of the record of a will proved before the judge of the former court of probate and recorded in his office before January...
  • New York Surrogate's Court Procedure - § 1424 - Foreign Wills; Evidence After Lapse of Time
    The exemplification of the record of a will which has been duly proved before a court or officer of competent jurisdiction in any other state,...