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


Section 1609 Petition; process 1

Surrogate's Court Procedure (SCP)

Petition; process

  1. A petition for ancillary probate or for ancillary letters of any kind may be made by any creditor, public administrator, county treasurer or person interested or to whom letters may issue under this article. The petition shall state all of the decedent's property in this state and the value thereof, the amount of the security given on the original appointment, the name and post-office address of each domiciliary creditor or each domiciliary claiming to be a creditor and the amount of each claim so far as it is ascertainable.

  2. If ancillary letters be requested, process shall issue to the state tax commission, to all domiciliary creditors or domiciliaries claiming to be creditors and to such other persons entitled to letters or to designate an appointee as the court by order directs. The court may issue process generally to all creditors or persons claiming to be creditors who reside within the state, who shall be served in such manner as directed by the court.

  3. If petitioner prays for ancillary probate of a will but does not ask that ancillary letters be issued, it shall be unnecessary to issue any process except to the state tax commission.