Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 1604
Ancillary letters on foreign will 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 16
§ 1604. 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.