N.Y. Surrogate's Court Procedure Act § 1605: Original probate 1

§ 1605. Original probate

1. A will of a non-domiciliary which upon probate may operate upon

any property in this state and is deemed by the laws of this state to

have been validly executed for probate in this state, may be admitted to

probate in the same manner as any other will may be admitted to probate

under this act, except as herein otherwise prescribed.

2. A will which has been admitted to probate or established in the

testator's domicile shall not thereafter be admitted to original probate

in this state except

(a) in a case where the court is satisfied that ancillary probate

would be unduly expensive, inconvenient or impossible under the

circumstances,

(b) where the testator has directed in such will that it shall be

offered for probate in this state or

(c) where the laws of testator's domicile discriminate against

domiciliaries of New York either as a beneficiary or a fiduciary.

3. A will which by judgment or decree of a competent court in the

testator's domicile has been denied probate or establishment shall not

be admitted to probate in this state except where the denial of probate

or establishment is solely for a cause which is not ground for rejection

of a will of a domiciliary testator.