NY Code - Article 14: PROBATE PROCEEDINGS; CONSTRUCTION OF WILLS; RIGHT OF ELECTION

  • Section 1401 Proceeding to compel production of will Whenever it shall appear to the court, sua sponte, or by the petition of a person authorized under the succeeding section of this act to present a petition for the probate of a will, that there is reasonable ground to believe that any person has knowledge of the whereabouts or destruction of a will of a decedent the court may make an order requiring the person or persons named therein to attend and be examined in the premises
  • Section 1402 Who may propound will; contents of petition; direction of court 1
  • Section 1403 Persons to be served; content of process 1
  • Section 1404 Witnesses to be examined; proof required 1
  • Section 1405 When court may dispense with testimony of witness 1
  • Section 1406 Proof of will by affidavit of attesting witness out of court 1
  • Section 1407 Proof of lost or destroyed will A lost or destroyed will may be admitted to probate only if 1
  • Section 1408 Probate not allowed unless court satisfied 1
  • Section 1409 Notice of probate 1
  • Section 1410 Who may file objections to probate of an alleged will Any person whose interest in property or in the estate of the testator would be adversely affected by the admission of the will to probate may file objections to the probate of the will or of any portion thereof except that one whose only financial interest would be in the commissions to which he would have been entitled if his appointment as fiduciary were not revoked by a later instrument shall not be entitled to file objections to the probate of such instrument unless authorized by the court for good cause shown
  • Section 1411 Citation upon filing of objections 1
  • Section 1412 Preliminary letters testamentary 1
  • Section 1413 Revocation of letters upon proof of will Where temporary letters of administration, preliminary letters testamentary or letters of administration on the ground of intestacy have been granted and a will is thereafter admitted to probate and letters issued thereupon or where a subsequent will is admitted to probate and letters issued thereupon, the decree granting probate must revoke the former letters
  • Section 1414 When letters testamentary may be issued 1
  • Section 1415 Supplementary letters, executors not named in letters not to act If the disability of an infant or an alien named as an executor in a will be removed before the administration of the estate is completed he shall be entitled on petition showing the facts to supplementary letters testamentary to be issued in the same manner as the original letters to join in the completion of the administration of the estate with the person or persons previously appointed
  • Section 1416 Executor failing to qualify or renounce; how excluded 1
  • Section 1417 Renunciation by nominated executor; retraction thereof 1
  • Section 1418 Letters of administration with will annexed; when and to whom granted 1
  • Section 1419 Process; renunciation or exclusion of persons having prior or equal right Every eligible person having a right to letters of administration with the will annexed prior or equal to that of the petitioner including an infant, incompetent or conservatee whose guardian, committee or conservator would be entitled to letters, and who has not renounced, must be served
  • Section 1420 Proceeding for construction of will; effect of decree 1
  • Section 1421 Election by surviving spouse 1
  • Section 1422 Record of wills; evidence A certified copy of the record of the decree admitting a will to probate and of the record of the will so admitted to probate shall be received in evidence in any court in any action or proceeding with the same force and effect as if the original will had been produced and proved in such action or proceeding
  • Section 1423 Record of wills in former courts of probate; evidence The exemplification of the record of a will proved before the judge of the former court of probate and recorded in his office before January 1, 1785, certified under the seal of the officer having custody of the record, shall be admitted in evidence in any case after it has been made to appear that diligent and fruitless search has been made for the original will
  • Section 1424 Foreign wills; evidence after lapse of time The exemplification of the record of a will which has been duly proved before a court or officer of competent jurisdiction in any other state, shall, when certified by the officer having by law custody of the record at the time the certificate was made, be admitted in evidence as if the original will was produced and proved when 20 years have elapsed since the will was so proved