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  • SECTION 1413
    Revocation of letters upon proof of will Where temporary letters of administration, preliminary letters testamentary or letters of admini...
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  • ARTICLE 14
    Probate Proceedings; Construction of Wills; Right of Election
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  • SECTION 1415
    Supplementary letters, executors not named in letters not to act If the disability of an infant or a noncitizen named as an executor in a...
    • This entry was published on 2014-09-22
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    SECTION 1414

    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
    letters.

    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.