N.Y. Surrogate's Court Procedure Act § 1609: Petition; process 1

§ 1609. Petition; process

1. A petition for ancillary probate or for ancillary letters of any

kind may be made by any creditor, public administrator, county treasurer

or person interested or to whom letters may issue under this article.

The petition shall state all of the decedent's property in this state

and the value thereof, the amount of the security given on the original

appointment, the name and post-office address of each domiciliary

creditor or each domiciliary claiming to be a creditor and the amount of

each claim so far as it is ascertainable.

2. If ancillary letters be requested, process shall issue to the

state tax commission, to all domiciliary creditors or domiciliaries

claiming to be creditors and to such other persons entitled to letters

or to designate an appointee as the court by order directs. The court

may issue process generally to all creditors or persons claiming to be

creditors who reside within the state, who shall be served in such

manner as directed by the court.

3. If petitioner prays for ancillary probate of a will but does not

ask that ancillary letters be issued, it shall be unnecessary to issue

any process except to the state tax commission.