N.Y. Surrogate's Court Procedure Act § 1403: Persons to be served; content of process 1

§ 1403. Persons to be served; content of process

1. In a proceeding for the probate of a will process must issue to

the following persons if not petitioners:

(a) The distributees of the testator.

(b) The person or persons designated in the will as executor except

that a person designated in the will as substitute or successor executor

in the event the designated executor cannot act or fails to qualify need

not be served where the designated executor is under no disability.

(c) Any person designated in the will as beneficiary, executor,

trustee or guardian, whose rights or interests are adversely affected by

any other instrument offered for probate that is later in date of

execution or which amends or modifies an instrument offered for probate.

(d) Any person designated as beneficiary, executor, trustee or

guardian in any other will of the same testator filed in the surrogate's

court of the county in which the propounded will is filed whose rights

or interests are adversely affected by the instrument offered for

probate.

(e) If the propounded will expressly refers to an instrument which

created a power of appointment and purports to exercise such power of

appointment, any persons designated in the instrument that created such

power of appointment whose rights or interests are adversely affected by

the instrument offered for probate.

(f) The testator in any case where the petition alleges that the

testator is believed to be dead.

(g) The state tax commission in the case of a non-domiciliary

testator.

(h) Where any person to whom process is required to be issued has

died, process shall issue to his fiduciary and if none has been

appointed, to all persons interested as distributees, nominated

fiduciaries or named as legatees or devisees under any will of the

deceased filed in the court.

(i) The provisions of section three hundred fifteen shall apply to a

proceeding under this section.

2. The process must set forth the name of the proponent and if the

will is nuncupative, that fact.