N.Y. SCP. LAW § 1602 : NY Code - Section 1602: Ancillary probate based upon domiciliary probate 1
Search N.Y. SCP. LAW § 1602 : NY Code - Section 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.
Legislative declaration of purpose It is the intent and purpose of this article that ancillary administration shall be granted in this state only when there is an actual administration in the domiciliary jurisdiction
Effect of right to contest or of revocation 1