N.Y. Surrogate's Court Procedure Act § 1409: Notice of probate 1

§ 1409. Notice of probate

1. Before letters are issued there shall be filed in the court a

notice entitled in the proceeding stating the name of the testator, the

name and address of the proponent, and that the will of the testator has

been offered for probate or probated, as the case may be. The notice

shall further set forth the name and post-office address of each person

named or referred to in the petition who has not been served or has not

appeared or waived service of process and shall state whether such

person is named or referred to in the will as legatee, devisee, trustee,

guardian or substitute or successor executor, trustee or guardian. The

notice shall further set forth the name and post-office address of the

attorney general of the state of New York if the will that has been

offered for probate contains a charitable bequest which is either to an

unnamed charitable organization or is in an unspecified amount,

including but not limited to, a bequest of all or part of the residuary

estate.

(a) Where by the terms of the will an interest in a trust or other

fund or property has been limited in any contingency to the persons who

shall compose a certain class upon the happening of a future event it

shall be sufficient to name only the persons in being at the death of

the decedent who would constitute the class if such event had happened

immediately before the date of such notice, and who have not been served

or appeared or waived service of process.

(b) Where by the terms of the will an interest in a trust or other

fund or property has been limited to a person who is named in such

notice or who has been served or has appeared or waived notice of

process, and has been further limited upon the happening of a future

event to a class of persons described in terms of their relationship to

such person it shall not be necessary to name such class of persons.

2. There shall be filed with the notice proof by affidavit of the

mailing of a copy thereof to each of the persons required by the

preceding subdivision to be named in such notice, and if any person is

an infant or an incompetent, of the mailing of a copy thereof to the

person or persons upon whom personal service of process is required to

be made with respect to the infant or incompetent. When it appears by

the petition for probate that the name or address of any person referred

to in this section is unknown mailing to such person of the notice

herein described shall not be required.

3. Upon the probate of an estate and distribution of its assets, if

any, under this chapter, if an undistributed asset is subsequently found

by the estate, the surrogate's court that granted such probate petition

shall maintain jurisdiction and shall not require any additional service

of the notice required by this section to be served again by the estate,

unless such previously undiscovered asset has an estimated value of more

than five thousand dollars or it has been more than seven years since

the distribution of the assets pursuant to the original probate.