SCPA 1602 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 1601 Legislative declaration of purpose It is the intent and purpose of this article that ancillary administration shall be granted in this st... up ARTICLE 16 Foreign Estates next SECTION 1603 Effect of right to contest or of revocation 1 Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 1602 Ancillary probate based upon domiciliary probate 1 Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 16 § 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.