N.Y. Surrogate's Court Procedure Act § 1603: Effect of right to contest or of revocation 1

§ 1603. Effect of right to contest or of revocation

1. If under the law of the testator's domicile the probate or

establishment of his will therein is subject to contest within a time

specified after probate or establishment, no property shall be

transmitted to the domicile or distributed to beneficiaries under the

will during such period of time unless the court which granted ancillary

probate authorizes such transmission or distribution upon proof that

(a) 7 months have elapsed since the issuance of ancillary letters in

this state,

(b) a contest of the will is not pending in the testator's domicile

and

(c) either the time provided in the domicile for the institution of a

contest has expired or one year has expired since the will was admitted

to ancillary probate under this article.

2. An ancillary fiduciary who transmits assets to the domicile or

distributes to beneficiaries in good faith and pursuant to an order or

decree under subdivision 1 shall be discharged from any liability even

if the probate or establishment of the will at the domicile is

thereafter set aside or revoked for any cause whatever.