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


Section 1603 Effect of right to contest or of revocation 1

Surrogate's Court Procedure (SCP)

Effect of right to contest or of revocation

  1. If under the law of the testator's domicile the probate or establishment of his will therein is subject to contest within a time specified after probate or establishment, no property shall be transmitted to the domicile or distributed to beneficiaries under the will during such period of time unless the court which granted ancillary probate authorizes such transmission or distribution upon proof that

  (a) 7 months have elapsed since the issuance of ancillary letters in this state,

  (b) a contest of the will is not pending in the testator's domicile and

  (c) either the time provided in the domicile for the institution of a contest has expired or one year has expired since the will was admitted to ancillary probate under this article.

  2. An ancillary fiduciary who transmits assets to the domicile or distributes to beneficiaries in good faith and pursuant to an order or decree under subdivision 1 shall be discharged from any liability even if the probate or establishment of the will at the domicile is thereafter set aside or revoked for any cause whatever.