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


Section 1605 Original probate 1

Surrogate's Court Procedure (SCP)

Original probate

  1. A will of a non-domiciliary which upon probate may operate upon any property in this state and is deemed by the laws of this state to have been validly executed for probate in this state, may be admitted to probate in the same manner as any other will may be admitted to probate under this act, except as herein otherwise prescribed.

  2. A will which has been admitted to probate or established in the testator's domicile shall not thereafter be admitted to original probate in this state except

  (a) in a case where the court is satisfied that ancillary probate would be unduly expensive, inconvenient or impossible under the circumstances,

  (b) where the testator has directed in such will that it shall be offered for probate in this state or

  (c) where the laws of testator's domicile discriminate against domiciliaries of New York either as a beneficiary or a fiduciary.

  3. A will which by judgment or decree of a competent court in the testator's domicile has been denied probate or establishment shall not be admitted to probate in this state except where the denial of probate or establishment is solely for a cause which is not ground for rejection of a will of a domiciliary testator.