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The Laws of New York
Court Acts of New York
CHAPTER 59-A
Surrogate's Court Procedure
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ARTICLE 13
Settlement of Small Estates Without Court Administration
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CHAPTER 59-A
Surrogate's Court Procedure
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ARTICLE 15
Trusts and Trustees
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ARTICLE 14
Probate Proceedings; Construction of Wills; Right of Election
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A
SECTION 1401
Proceeding to compel production of will Whenever it shall appear to the court, sua sponte, or by the petition of a person authorized unde...
SECTION 1402
Who may propound will; contents of petition; direction of court 1
SECTION 1403
Persons to be served; content of process 1
SECTION 1404
Witnesses to be examined; proof required 1
SECTION 1405
When court may dispense with testimony of witness 1
SECTION 1406
Proof of will by affidavit of attesting witness out of court 1
SECTION 1407
Proof of lost or destroyed will A lost or destroyed will may be admitted to probate only if 1
SECTION 1408
Probate not allowed unless court satisfied 1
SECTION 1409
Notice of probate 1
SECTION 1410
Who may file objections to probate of an alleged will Any person whose interest in property or in the estate of the testator would be adv...
SECTION 1411
Citation upon filing of objections 1
SECTION 1412
Preliminary letters testamentary 1
SECTION 1413
Revocation of letters upon proof of will Where temporary letters of administration, preliminary letters testamentary or letters of admini...
SECTION 1414
When letters testamentary may be issued 1
SECTION 1415
Supplementary letters, executors not named in letters not to act If the disability of an infant or an alien named as an executor in a wil...
SECTION 1416
Executor failing to qualify or renounce; how excluded 1
SECTION 1417
Renunciation by nominated executor; retraction thereof 1
SECTION 1418
Letters of administration with will annexed; when and to whom granted 1
SECTION 1419
Process; renunciation or exclusion of persons having prior or equal right Every eligible person having a right to letters of administrati...
SECTION 1420
Proceeding for construction of will; effect of decree 1
SECTION 1421
Election by surviving spouse 1
SECTION 1422
Record of wills; evidence A certified copy of the record of the decree admitting a will to probate and of the record of the will so admit...
SECTION 1423
Record of wills in former courts of probate; evidence The exemplification of the record of a will proved before the judge of the former c...
SECTION 1424
Foreign wills; evidence after lapse of time The exemplification of the record of a will which has been duly proved before a court or offi...
ARTICLE 14

PROBATE PROCEEDINGS; CONSTRUCTION OF WILLS; RIGHT OF

ELECTION
Section
1401. Proceeding to compel production of will.
1402. Who may propound will; contents of petition; direction of court.
1403. Persons to be served; content of process.
1404. Witnesses to be examined; proof required.
1405. When court may dispense with testimony of witness.
1406. Proof of will by affidavit of attesting witness out of court.
1407. Proof of lost or destroyed will.
1408. Probate not allowed unless court satisfied.
1409. Notice of probate.
1410. Who may file objections to probate of an alleged will.
1411. Citation upon filing of objections.
1412. Preliminary letters testamentary.
1413. Revocation of letters upon proof of will.
1414. When letters testamentary may be issued.
1415. Supplementary letters; executors not named in letters not to act.
1416. Executor failing to qualify or renounce; how excluded.
1417. Renunciation by nominated executor; retraction thereof.
1418. Letters of administration with will annexed; when and to whom

granted.
1419. Process; renunciation or exclusion of persons having prior or

equal right.
1420. Proceeding for construction of will; effect of decree.
1421. Election of surviving spouse.
1422. Record of wills; evidence.
1423. Record of wills in former court of probate; evidence.
1424. Foreign wills; evidence after lapse of time.