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

Section 1604 Ancillary letters on foreign will 1

Surrogate's Court Procedure (SCP)

Ancillary letters on foreign will

  1. Upon admission of a will to probate under 1602 the court shall issue, if such be requested, ancillary letters to the following persons in the following order:

  (a) The person expressly appointed in the will as executor with respect to property located within this state.

  (b) The person to whom domiciliary letters have been issued or if domiciliary letters are not issued, the person appointed in the will to administer all property wherever located.

  (c) The person acting in the domiciliary jurisdiction to administer and distribute the testator's estate.

  (d) A person entitled under this act to letters of administration c.t.a.

  2. If no person named in any subparagraph of subdivision 1 is willing to qualify or to designate a person eligible to receive ancillary letters they shall issue to a person in the succeeding subparagraph of such subdivision who will qualify or to a person designated by him who is eligible to receive letters.