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This entry was published on 2014-09-22
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When letters testamentary may be issued 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 14
§ 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 to letters testamentary.

2. Where a judgment has been rendered in an action establishing a
will the surrogate must record the will and issue letters as directed by
the judgment.

3. A person entitled to letters upon a contingency may appear and
show that the contingency has happened by which he is entitled to such

4. A person named as an executor by a person other than the testator
under a valid power contained in a will must appear and file an
acknowledged selection of himself as an executor.