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New York · Through 2026-09-11

N.Y. Surrogate's Court Procedure Act § 1602: Ancillary probate based upon domiciliary probate 1

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Where this section sits in the code
  1. Surrogate's Court Procedure Act
  2. Article 16. Foreign Estates

§ 1602. Ancillary probate based upon domiciliary probate

1. A written will which upon probate may operate upon any property in

this state shall be admitted to probate by the surrogate's court having

jurisdiction over the property upon proof that it has been admitted to

probate at the testator's domicile or has been established in accordance

with the law of such jurisdiction, and if its probate or establishment

remains subject to contest under the law of his domicile, upon proof

that it is not being contested thereat. A will so admitted to probate

under this section is sufficient to operate on any property within the

terms of the will, subject to any limitations upon its operation imposed

by the law of the testator's domicile in respect of legal capacity.

Rights granted by the law of the domicile to take against the will are

not affected by this section.

2. A will offered for probate under this section may be contested

only upon the ground that the conditions prescribed herein have not been

satisfied or that the will has been denied probate in this state.

Collected 2026-09-14T19:32:45Z. Source file · JSON

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