1. The Laws of New York
  2. Court Acts
  3. Surrogate's Court Procedure
  4. Article 16: Foreign Estates


Section 1602 Ancillary probate based upon domiciliary probate 1

Surrogate's Court Procedure (SCP)

Ancillary probate based upon domiciliary probate

  1. A written will which upon probate may operate upon any property in this state shall be admitted to probate by the surrogate's court having jurisdiction over the property upon proof that it has been admitted to probate at the testator's domicile or has been established in accordance with the law of such jurisdiction, and if its probate or establishment remains subject to contest under the law of his domicile, upon proof that it is not being contested thereat. A will so admitted to probate under this section is sufficient to operate on any property within the terms of the will, subject to any limitations upon its operation imposed by the law of the testator's domicile in respect of legal capacity. Rights granted by the law of the domicile to take against the will are not affected by this section.

  2. A will offered for probate under this section may be contested only upon the ground that the conditions prescribed herein have not been satisfied or that the will has been denied probate in this state.